By the Court.—We have heard Shri S.M.A. Kazmi, Senior Advocate assisted by Ms. Tahira Kazmi; Shri Navin Sinha, Senior Advocate assisted by Shri Nisheeth Yadav and Shri D.K. Tiwari; Shri D.S. Pandey; Shri Shiv Prakash Misra and Shri Suneel Rai for the petitioners. Shri Jafar Naiyer, Additional Advocate General assisted by Shri M.C. Tripathi, Additional Chief Standing Counsel appears for the State respondents. Shri Prem Chand appears for Nagar Nigam, Ghaziabad. Shri V.B. Misra appears for Ghaziabad Development Authority.

2.(A) In Writ Petition No. 254 of 2009, (M/s Ansal Properties & Infrastructure Ltd. Kaushambi, Ghaziabad through its Authorized Signatory Shri Pankaj Tiwari v. State of U.P. and others), the petitioner has prayed for setting aside the order dated 12.12.2008 passed by the Special Secretary, Government of UP, communicating the decision of the State Government to the Vice-Chairman, Ghaziabad Development Authority, Ghaziabad in response to his letter dated 4.9.2008 to construct Solid Waste Management Plant (SWMP) on the 14 acre land in village Dundahera, Pargana Loni, District Ghaziabad; directing him to invite objections under sub-section (3) of Section 13 of U.P. Urban Planning and Development Act, 1973 to advertise for holding public hearing for change of the land use of the selected site in village Dundahera for construction from ‘residential’, to ‘Solid Waste Management (Dumping) Yard,’ and to forward the proposal after disposing of the objections and suggestions to the Government. The petitioner has also prayed for a writ of mandamus not to give effect to the order dated 12.12.2008, and to restrain the respondents to proceed with the construction of SWMP.

2.(B) In Writ Petition No. 59514 of 2009 (Crossings Infrastructure Private Limited and another v. State of U.P. and others), the petitioner, a private company as a Lead Party of Consortium of various real estate developers and a private developer in category “A” with Ghaziabad Development Authority under a licence for developing Integrated Township at villages Dundahera, Akbarpur Behrampur, Tehsil and District Ghaziabad, has prayed for a direction to quash the notification dated 21.10.2009 issued by the Principal Secretary, Department of Housing and Urban Planning, Government of Uttar Pradesh, changing the user of 14 acres land in village Dundahera, District Ghaziabad from residential to Dumping Yard (Solid Waste Management) by amending the Ghaziabad Master Plan-2021. They have also prayed commanding the respondents not to change the user of the land in village Dundahera, Ghaziabad and not to construct/set up any kind of dumping yard next to the petitioner’s group housing colony in the village.

2.(C) In Writ Petition No. 39389 of 2009 (Anil Kumar Tyagi v. State of U.P. and others), the petitioner, a private individual claiming to be resident of village Dundahera, District Ghaziabad, has prayed for a writ of certiorari to quash the order dated 12.12.2008 passed by the Special Secretary, State of UP, Lucknow and for a writ of mandamus restraining the respondents from constructing Solid Waste Management Plant i.e. Dumping Yard over the residential land situate at Khasra No. 937, village Dundahera, Ghaziabad.

2.(D) In Writ Petition No. 64043 of 2009 (Ash Mohammad v. State of U.P. and others), the petitioner, claiming to be permanent resident of village Dundahera and looking after the Graveyard/Kabristan situated at Plot Nos. 937 and 953 at village Dundahera, Ghaziabad, where he alleges that the people belonging to Muslim community have been performing last rituals, has prayed for a writ of certiorati quashing the impugned order dated 21.10.2009 passed by respondent No. 1 changing the land use of village Dundahera from residential to Dumping Yard (Solid Waste Management). The petitioner claimed that the plot Nos. 397 and 953 are recorded as ‘Kabristan’ in the revenue record and ‘Dargah Sayad Baba Chutko Shah Madersa Va Masjid Waqf Butwaliat Mohd. Ibrahim’ is a