By the Court.—Heard Shri Pankaj Bhatia assisted by Shri Rahul Mishra, learned counsel for petitioners and Shri Ramendra Pratap Singh, learned counsel for respondents.

2. Petitioners have approached this Court for direction to the respondents to stop construction of cremation and burial grounds opposite to the societies of petitioners over land marked as “Recreational Green” in Master Plan.

3. Brief facts of the petition are that petitioners 1 to 12 are allottees of flats /units in towers of Green View-II Sahakari Avas Samiti Limited, which is a residential colony constructed on Plot No. 4, Sector-Pi,Greater Noida, Gautam Buddh Nagar, Uttar Pradesh. The said colony comprises of many multi-storey towers, having more than 400 flats/units. These towers are still under construction. Most of the Civil Work of the flats are completed. Petitioners 13 to 17 are residents of Jyoti Kiran Society, situated on Plot No. 3, Sector-Pi, Greater Noida, Gautam Buddh Nagar, Uttar Pradesh. Construction of the Society is already completed and petitioners 3 to 7 are residing in their respective houses therein. There are many other similar multi-storey residential societies adjacent to aforesaid society having large number of residential flats. In the Master Plan, area wherein these societies exist/being developed is described and marked as “Residential”. Plot No. 4, on which Green View-II, Sahakari Avas Samiti Limited is being constructed and neighboring plot No. 3, whereon Jyoti Kiran Society is situated and adjacent to which other societies exist, are facing a 60 meter wide road. The land across the said 60 meters road in the Master Plan is described and marked as “Recreational Green”. It consists of Khasra No. 69, Village Biraundi Chraksenpur, Pargana Dadari, Tehsil and District Gautam Buddh Nagar.

4. Petitioners purchased flats in the aforesaid society only after going through Master Plan in the area and finding society having good surroundings. In February, 2015, Petitioners noticed development and construction of cremation and burial ground in Khasra No. 69, marked as “Recreational Green” in Master Plan. On enquiry they found aforesaid construction being done on direction of District Magistrate. On further enquiry, petitioners found that plot No. 69 was never acquired by State Government and it is owned by a private party. Therefore, respondents have no authority to construct cremation and burial ground thereon in violation of Master Plan. After unsuccessfully approaching respondents by way of representations, petitioners have approached this Court by means of this writ petition.

5. Respondents initially filed their Short Counter-affidavit stating that on the request of Pradhan of Village, cremation ground which existed on Plot No. 81, Village Birondi is being shifted to plot No. 69 which falls near the Village and was recorded as burial ground. Plot No. 69 is approximately 150 meters away from 60 meter wide road and cremation ground has been shifted thereon on the request of Villagers.

6. Respondents have later filed a Counter-affidavit on behalf of respondent 3, Greater Noida Industrial Development Authority (hereinafter referred to as “GNOIDA”), stating that plot No. 69M/0.5060 is recorded as Kabristan and an area of 5.7370 hectare has been directly purchased from Khasra No. 69M by the authority from the Tenure holders. Therefore, it is not correct that Kabristan is being created over plot No. 69-M. The cremation ground was earlier existing on Khasra No. 81. This Khasra No. 81 is recorded as Shamshan in Khata No. 75Ga Khatauni (annual register) 1421-1426 fasli. The existing cremation ground is being shifted by a few meters, so as now to be located adjacent to existing Kabristan so that the last rites of both communities could be performed at an area which is properly accessable but off the main road and surrounded by dense plantation. The cremation ground was earlier existing on Khasra No. 81. The distance between existing and propo