IMPORTANT POINT
Only a person who is aggrieved by an order, can maintain a writ petition.

Hon’ble Dr. B.S. Chauhan, J.—The present petition has been filed as Public Interest Litigation by the petitioners claiming the following reliefs :

“(1) A writ, order or direction in the nature of mandamus commanding the respondents/Bajaj Groups not to install and run their Mill in village Nekofal @ Bilai, Pargana Dara Nagar, Tehsil Sadar, District Bijnor.

(2) A writ, order or direction in the nature of mandamus commanding the respondents to comply with all environmental needs as required under law before installing Mills.

(3) A writ, order or direction in the nature of mandamus commanding the respondents/Bajaj Groups to immediate comply with agreement said to be executed by D.G.M. (Cane) namely Surya Prakash Ojha dated 15.4.2005 (Annex. 2).

2. The aforesaid reliefs have been claimed by the petitioners submitting that they are public spirited persons representing the interest of the poor, downtrodden villagers who have been cheated by the respondent Nos. 6 to 8 in purchasing their land in contravention of the statutory provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called the ‘Act, 1950). They further prayed for enforcement of the agreement executed by said respondent Nos. 6 to 8 providing that they would provide employment to the dependents of the farmers who have sold their land to them; there would be a pipeline upto five kilometres and the said respondents would supply free light over the roads and water to the villagers; the Mill has been established without getting No Objection Certificate from the U.P. Pollution Control Board which is mandatorily required; the drainage is not being made as promised rather the permission has been sought to establish the said drainage on 11.8.2005 from the officials which is nothing but a conspiracy between the statutory authorities and the Bajaj Groups which is creating a lot of problems to the villagers as it will always create a very foul smell vis-a-vis it will generate several diseases like Malaria, Filaria and it would be dangerous for adjacent agricultural land as chemical going through water will also damage agricultural land adjacent to the said drainage; the environmental pollution would adversely affect the health of the villagers and would cause environmental hazards to the land, plant and agriculture lying over the land; the land had been purchased from the farmers without seeking permission from the Competent Authority to convert the agricultural land into non-agricultural land, in violation of the Legislative mandate to protect the farmers to be misutilised by the persons who are land grabbers or Mill owners; by running of the Mill, the health and the properties of large number of people would have an adverse affect and the future generation would also be adversely affected; the sale deeds obtained by the said respondent Nos. 6 to 8 are void as no permission from the Competent Authority under Section 143 of the Act has been taken. Thus, the Mill is being established by illegal method for grabbing the public properties without taking prior permission.

3. Shri R.K. Ojha, learned counsel for the petitioners vehemently pressed the aforesaid submissions and asked for the reliefs sought in this petition.

4. On the other hand, when the matter was heard on the first date, i.e. 21.11.2005, Shri V.K. Upadhyay, learned counsel appearing for respondent Nos. 6, 7 and 8, filed a compilation containing 23 documents running into 81 pages which contained the permission of the Statutory Authority regarding purchase of land; No Objection Certificate under the provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter called the Act 1974); No Objection Certificate from the U.P. Pollution Control Board dated 15.7.2004; Permission under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter called the Act, 1981) dated 21.10.2005; permission under Section 21/22 of the Act, 1981; permission under Section 25/26 o