India News | SC Sets Aside Delhi HC Verdict Refusing to Modify Its 2003 Order to Shift Crematorium

New Delhi, Oct 21 (PTI) The Supreme Court on Friday quashed a Delhi High Court order which refused to modify its December 2003 judgement directing that an over 100-year-old crematorium in Masoodpur village should be shifted to Kishangarh here.

The apex court also asked the South Delhi Municipal Corporation (SDMC) to take steps within a year to modernise the crematorium by shifting it into a modern electric crematorium which shall be in the larger interest of the villagers as well as residents of neighbouring areas.

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A bench of Justices M R Shah and M M Sundresh delivered its verdict on an appeal filed by the SDMC against the HC's December 2016 judgement.

While hearing a plea filed by the Residents Welfare Association (RWA), Vasant Kunj, which had sought appropriate orders against the use of land as a crematorium, the HC, in its December 2003 order, directed the municipal corporation to take possession of the land offered at Kishangarh and make all necessary arrangements for it to be used as a crematorium.

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In its 2003 order, the HC took note of the Delhi Municipal Corporation Act, 1957, and directed the municipal corporation to take an appropriate decision under it.

In its verdict, the apex court noted that pursuant to the HC's direction, the standing committee of the municipal corporation had taken a conscious decision not to close the crematorium in Masoodpur village.

The top court noted that the crematorium has been in use since long, even before the Act came into force.

"The residential colonies in Vasant Kunj have come into existence in 1990. So, at the relevant time when the residential colonies at Vasant Kunj came into existence, there was already a crematorium at village Masoodpur," the bench said.

"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," it said.

The bench noted that from the resolution of the standing committee, it appeared that it took a conscious decision not to close the crematorium on the grounds that the cremation ground has not become offensive to the health of persons residing in the neighbourhood, it is running since a long time and its continuation is in the larger public interest.

It said when a conscious decision has been taken by the standing committee under the Act not to close the crematorium in Masoodpur village, the HC ought to have modified its earlier order by which the civic body was directed to shift it to Kishangarh.

"At this stage, it is required to be noted that as such under section 42(f) of the Act, 1957 it is the duty cast upon the municipal corporation to make provision for regulation of places for the disposal of dead and the provision of maintenance of said places is an obligatory function of municipal corporation," the bench said.

It observed that if the request made on behalf of the Federation of RWA, Vasant Kunj, is accepted, then on the settlement of the residents, subsequently every crematorium in the city or town will have to be shifted outside the town or city, which shall not be in the interest of the residents.

"The impugned order passed by the high court refusing to modify its earlier order dated December 3, 2003… directing to shift the crematorium at village Masoodpur to Kishangarh is hereby quashed and set aside," the bench said while allowing the appeal filed by the SDMC.

"However, at the same time, we direct the municipal corporation to take steps to modernise the crematorium by shifting it to a modern electric crematorium which shall be in the larger public interest of the village people as well as the residents of the neighbourhood area. The said exercise be completed within a period of 12 months from today," it said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)