Delve into the intricate legal analysis and court decisions surrounding the long-standing dispute over the cremation ground at Masoodpur Village. The case involves a careful examination of municipal regulations, public interest, and statutory obligations under the Act of 1957. Follow the journey of how the court’s decision-making process is shaping the outcome of this contentious issue.
Facts
- The Municipal Corporation filed an application before the High Court to modify the order passed in Writ Petition No 3687/1995 regarding the cremation ground at Masoodpur, New Delhi.
- The original writ petitioner, Residents Welfare Association, Vasant Kunj, sought orders to stop the use of the land as a cremation ground.
- DDA had communicated in 1990 to close the cremation ground at Masoodpur Village and shift it to Kishangarh Village, as per provisions of the Delhi Municipal Corporation Act, 1957.
- The High Court directed the Municipal Corporation to make a decision under Section 391 of the Act, 1957, considering the DDA’s communication and relevant provisions.
- The original writ petitioner argued that DDA had already provided a cremation ground at another location in the same area.
- Following a High Court order dated 03.12.2003 in Writ Petition No 3687/1995, the Standing Committee decided not to close the crematorium at Masoodpur Village.
- The decision was made in consideration of public interest, determining that closure was not appropriate.
- The High Court instructed the Municipal Corporation to acquire and utilize the land offered at Kishangarh as a crematorium.
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Arguments
- DDA has already allotted a crematorium at Kishangarh
- Crematorium at Village Masoodpur should be shifted to Kishangarh which is seven km away
- Opposing counsel argues that crematorium’s proximity to residential complexes in Vasant Kunj is not in the residents’ interest
- Standing Committee decided not to close the crematorium at Village Masoodpur under Section 391 of the Act, 1957.
- Crematorium at Village Masoodpur has been in use since long before the society at Vasant Kunj existed.
- Duty of Municipal Corporation under Section 42 of the Act, 1957 to regulate places for disposal of dead.
- Maintaining places for disposal of dead is an obligatory function of the Municipal Corporation.
- Cannot close the crematorium just because residential colonies have come into existence.
- Standing Committee’s conscious decision not to close the crematorium at Village Masoodpur following the High Court’s earlier order.
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Analysis
- The Standing Committee of the Municipal Corporation decided not to close the crematorium at Village Masoodpur citing reasons such as it not being offensive to health, its long-standing operation, and being in the public interest.
- The High Court was expected to modify its previous order directing the shift of the crematorium to Kishangarh in light of the Standing Committee’s decision under Section 391 of the Act, 1957.
- The crematorium at Village Masoodpur has been in use long before the Act of 1957, and its continued use is justified for the village people.
- The High Court had previously directed the Municipal Corporation to take a decision under Section 391 of the Act, 1957 regarding the crematorium.
- The challenge revolves around the crematorium at Village Masoodpur, which was already in place when the residents of Vasant Kunj started residing there in 1990, making it unreasonable to demand its relocation solely based on the subsequent development of residential colonies.
- Under Section 42(f) of the Act, 1957, the Municipal Corporation is obligated to regulate places for the disposal of the dead.
- Provision for maintenance of these places is a mandatory function of the Municipal Corporation.
- The Standing Committee decided not to close the crematorium at Village Masoodpur in the interest of public interest and the village people.
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Decision
- The High Court’s earlier order to shift the crematorium at Village Masoodpur to Kishangarh was modified to instead modernize and shift it to an electric crematorium.
- The appeal succeeded in quashing the High Court’s order but directed the Municipal Corporation to modernize the crematorium within twelve months.
- Emphasized the importance of complying with the conditions of the Act before deciding to close a burning or burial ground due to health concerns of the residents.
- The Municipal Corporation’s Subsequent decision dated 31.03.2016 led to the modification/quashing of the earlier order to shift the crematorium.
Case Title: SOUTH DELHI MUNICIPAL CORPORATION Vs. FEDERATION OF RESIDENTS WELFARE ASSOCIATION, VASANT KUNJ AND ORS (2022 INSC 1135)
Case Number: C.A. No.-007614-007614 / 2022
