CAV ORDER

1. On 26.07.2013, Sobha Developers Limited filed W.P.No.33431/2013 seeking for a direction to respondents 2 and 3 to either remove or shift the crematorium which was being constructed in Sy.No.7/2 of Hegde Nagar, Thanisandra, as it contravenes the provisions of the Karnataka Municipal Corporations Act, 1976 (for brevity, “the Act”) and poses health hazards to the residents of Sobha City.

2. Sobha City was a residential complex developed by the petitioner on the adjoining lands bearing Sy.Nos.62/2 and 62/3 situate at Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk and Sy.Nos.71/1 and 9/2 situate at Nagareshwara Nagenahalli Village, K.R.Puram Hobli, Bangalore East Taluk, which totally measured 36 acres 25 guntas (148214.77 sq. mtrs.). It was stated that in this residential complex, they had put up eight blocks of residential apartments/row houses totally amounting to 1,762 housing units.

3. About five months thereafter, on 29.11.2013, W.P.No.54380/2013 was preferred by five petitioners who were the purchasers of the apartment in the said residential complex called “Sobha City” seeking a similar direction to be issued to either remove or shift the crematorium th