HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 17480 of 2020 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 Versus Counsel for Petitioner(s) : Pankaj Agarwal, Sahibe Alam Counsel for Respondent(s) : C.S.C., Santosh Kumar Singh M/S Merino Industries Ltd And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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. March 19, 2026 M.S. Ansari WRIC No. 17480 of 2020 2 (Dr. Yogendra Kumar Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad