Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4713 of 2018 Petitioner :- Rajesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Neeraj Kumar Srivastava Counsel for Respondent :- C.S.C.,Syed Farman Ahmad Naqvi
Hon'ble Govind Mathur,Chief Justice Hon'ble Dr. Yogendra Kumar Srivastava,J.
The grievance of the petitioner in this petition for writ is that the respondents have identified a place for cremation in highly populated area and that is causing injury to the public at large emotionally as well as to the public tranquillity.
Suffice to mention that the petition for writ (Writ-C No. 24250 of 2018) in Dinesh Kumar Vs. State of U.P. and others was earlier preferred wherein the statement was given on behalf of the Executive Officer, Nagar Palika Parishad, Loni, District Ghaziabad to the effect that the land as well as the funds are available for construction and development of cremation ground. The respondent No. 2 in the petition for writ assured to complete construction and development of the cremation ground within a period of six months. It appears that in pursuance to the directions given and the statement made in the writ petition aforesaid, the respondents are developing cremation ground at the site in question.
The petitioner before approaching this Court submitted a representation to the Tehsildar, Ghaziabad and also to the Sub Divisional Magistrate, Loni, Ghaziabad. It is brought to our notice that no action has been taken on the representation earlier submitted. From perusal of the averments contained in the representation submitted to the Tehsildar, Loni, District Ghaziabad, it appears that close to the proposed site for cremation ground, a temple of Chamunda Devi and Shitla Mata are existing and further the area is adequately populated. Looking to this factual background, we deem it appropriate to dispose of this writ petition by directing the District Magistrate, Ghaziabad-respondent No. 4, to avail all necessary details from respondent No. 3 about feasibility to have cremation ground at the site in question. If Tehsildar arrives at the conclusion that the site identified for cremation ground is not a proper place then he will suggest for some other land which must not to be interfered from the ward concerned and to be utilized as cremation ground. The entire exercise in the terms above is now required to be made within a period of one month from today. The District Magistrate while considering the case shall also provide an opportunity of hearing to the petitioner and other residents of the locality concerned, if demanded.
It is suffice to mention that the statement given on behalf of the Nagar Palika Parishad, Loni, in Writ-C No. 24250 of 2018 shall extend till the District Magistrate arrives at a definite decision in pursuance of this order.
With the directions as above, the writ petition stands disposed of.
Order Date :- 30.11.2018 VMA (Dr. Y. K. Srivastava, J.) (Govind Mathur, C.J.)