Allahabad High Court
M/S MERINO INDUSTRIES LTD AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court dismissed the writ petition, holding that mere apprehension of a future requirement for a buffer zone is insufficient to grant mandamus relief.
Summary
M/s Merino Industries Ltd, a decorative ply manufacturer, sought a mandamus directing the Hapur Pilkhuwa Development Authority (HPDA) to provide a green buffer zone between its factory and a proposed residential colony, citing specific provisions of the HPDA's 2008 Bye-laws. The petitioners argued that the absence of such a buffer would violate the Bye-law requirement for dense tree plantation adjacent to polluting industries. The HPDA contended that no notice had been issued to the petitioner to vacate land for such a plantation. The Court held that the petitioners' mere apprehension of a future requirement for a buffer zone does not constitute sufficient ground for a writ of mandamus at this stage. It directed that any grievance arising from the construction of houses without a buffer zone must be pursued through appropriate legal remedies. Consequently, the writ petition was dismissed.
Issues considered
- Whether a writ of mandamus can be issued directing the development authority to create a green buffer zone based solely on the petitioner's apprehension of future non‑compliance with bye‑law provisions.
Subjects
- environmental law
- industrial regulation
- buffer zone
- mandamus
- development authority
- bye-laws
- land use
- pollution control
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17480 of 2020
M/S Merino Industries Ltd And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Agarwal, Sahibe Alam
Counsel for Respondent(s) : C.S.C., Santosh Kumar Singh
Court No. - 42
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for
the State and Sri Santosh Kumar Singh, learned counsel appearing for the
Development Authority.
2. The petitioner is an industry which manufactures decorative ply/
laminates and is known as M/s Merino Industries Limited. It had for the
purposes of manufacturing ply/laminates established an industry way
back in the year 1981 and thereafter from time to time the expansion of
the factory took place. Last time the expansion took place was in the year
2016 and after the expansion was done, an application for compounding
was filed by the petitioner which was allowed on 26.07.2016. Thereafter,
it appears that on the Eastern side of the unit, certain plots of land were
carved out by the Hapur Pilkhuwa Development Authority (HPDA) then
the instant writ petition was filed with the following prayer:
"i. To issue a writ order or direction in the nature of mandamus commanding
respondent authorities to provide open/green space separating the residential area
from the factory premises of the petitioner as per para 2.2.3(III) of Hapur Pilkhuwa
Development Housing Construction and Building Bye-laws, 2008 as amended in 2011
and in 2016.
ii. To issue any other suitable writ, order or direction which the Hon'ble Court may
deem fit and proper in the facts and circumstances of the instant case."
3. Learned counsel for the petitioner states that if the houses come up then
the condition which is there in the Bye-laws of the Hapur Pilkhuwa
WRIC No. 17480 of 2020
2
Development Authority (HPDA) would be considered as violated as there
is a condition No. 2.2.2(III) which says that all big polluting industries
had to have a dense tree plantation in between the factory and residential
area. He therefore prayed that in between the upcoming residential
colony, a green belt which he has addressed as buffer zone be left by the
Hapur Pilkhuwa Development Authority (HPDA).
4. Sri Santosh Kumar Singh, learned counsel who has appeared for the
Hapur Pilkhuwa Development Authority (HPDA) however states that till
date no notice has been issued by the Hapur Pilkhuwa Development
Authority (HPDA) asking the petitioner to leave any land for the
plantation of trees so that a buffer zone could be created.
5. Having heard the learned counsel for the parties, we are of the view
that merely for the reason that the petitioners apprehend that in times to
come, the Hapur Pilkhuwa Development Authority (HPDA) would insist
for a buffer zone, would not be sufficient to approach this Court at this
stage for the reliefs that have been prayed for. The petitioners, if
aggrieved, in any manner, by coming up of the houses on the eastern side
without providing for a buffer zone, may avail appropriate remedy as may
be available under the laws.
6. With the above observations, the writ petition stands dismissed.
(Dr. Yogendra Kumar Srivastava,J.) (Siddhartha Varma,J.)
March 19, 2026
M.S. Ansari
Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad
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