VidhiSangh

Supreme Court of India · 21/10/2022

SOUTH DELHI MUNICIPAL CORPORATION versus FEDERATION OF RESIDENTS WELFARE ASSOCIATION, VASANT KUNJ (REGD.) AND ORS.

[2022] 13 S.C.R. 988 · 2022 INSC 1135

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Summary

The Delhi High Court had directed the municipal corporation to decide under Section 391 of the Delhi Municipal Corporation Act on closing a village cremation ground at Masoodpur, in use for over a century, and to shift it to Kishangarh, after Vasant Kunj residents objected. The Standing Committee consciously decided not to close it, but the High Court refused to modify its order. The Supreme Court allowed the corporation's appeal. Colonies that came up near an existing crematorium cannot demand its relocation, or every urban crematorium would have to move. Under Section 391 a cremation ground can be closed only if found offensive or dangerous to neighbours' health, and the Committee found it was not. The shifting direction was set aside, but the corporation must convert the site into a modern electric crematorium within twelve months.

Issues

  1. Whether the High Court should have modified its earlier direction to shift a long-standing village crematorium after the Standing Committee decided under Section 391 of the Delhi Municipal Corporation Act, 1957 not to close it.

Provisions considered

Held

Result

Appeal allowed; the High Court's order refusing modification set aside and its order dated 03.12.2003 directing the shift to Kishangarh quashed in view of the Standing Committee's decision dated 31.03.2016; the corporation directed to modernise the Masoodpur crematorium into an electric crematorium within twelve months; no costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 988.