Read Time: 05 minutes

Synopsis

A Supreme Court Bench of Justice M.R. Shah and Justice M.M Sundresh while hearing an appeal challenging an impugned order of the High Court which had refused to modify its earlier order, quashed and set aside the same. The dispute before the Court was on a crematorium. The Bench thus, also directed the Municipal Corporation to modernise the crematorium and to shift it to a modern electric crematorium.

The matter pertained to a crematorium ground at Village Masoodpur, Vasant Kunj, New Delhi, which was is in use since 100 years, and was being objected to by the Residents Welfare Association Vasant Kunj. The appeal was preferred by the South Delhi Municipal Corporation. It was the case of the Corporation, that pursuant to the directions of the High Court, the standing committee took a conscious decision not to close the crematorium.  And it was submitted by the appellants that since it was in use much prior to time the society at Vasant Kunj came into existence, and considering the larger interest of the public, it should not be closed. However, the respondents vehemently contended that since an area Kishangarh, has already been allotted, therefore it should be shifted from the place it was established. 

And therefore it was submitted that when earlier the High Court directed the Municipal Corporation to shift the crematorium at Village Masoodpur to Kishangarh, the same is not rightly modified by the High Court by the impugned order.  

The Bench took note of all the aspects submitted and vehemently objected to by the parties. The Court after acknowledging the fact that the crematorium did exist even prior to the Delhi Municipal Corporation Act, 1957 and the posh residential society came up only in 1990, opined, "...Merely because subsequently the residents of Vasant Kunj/locality have started residing, it cannot be a ground to shift the crematorium and/or not to use the crematorium at Village Masoodpur".

The Bench considered the obligation of the Municipal Corporation, as stipulated under Section 42 of the Act, that the provision of maintenance of places for disposal of dead is an obligatory function of Municipal Corporation. Therefore further opined that, " unless it has is specifically found that any burning or burial ground has become offensive, or dangerous to the health  of the persons residing at neighbourhood, the burning and burial ground can be ordered to be closed  with the previous sanction of the Standing Committee".

Case Title: South Delhi Municipal Corporation vs. Federation of Residents Welfare Association Vasant Kunj (Regd) and Ors