Himachal Pradesh High Court
Krishna And Others vs . State Of Himachal Pradesh And Others on 4 January, 2023
Bench: Amjad Ahtesham Sayed, Jyotsna Rewal Dua
1 Krishna and others Vs. State of Himachal Pradesh and others CWP No.65 of 2019 04.01.2023 Present: Mr. Arun Kumar, Advocate vice Mr. Dinesh K. .
Thakur, Advocate, for the petitioners.
Mr. Anup Rattan, Advocate General with Mr. Rakesh Dhaulta, Additional Advocate General, for respondent Nos.1 to 5-State.
Mr. Chandranarayana Singh, Advocate, for respondent No.6.
This petition has been filed by the residents of Village Tattapani, Tehsil Karsog, District Mandi, H.P. It is stated in the petition that after completion of Kol Dam Project and filling of Kol Dam Lake, the Crematorium at Sutlej river has been submerged in the lake and due to non-selection of new site, the people have started cremation of dead bodies beside the Narsingh temple and hot water springs/pools (where people/devotees take bath), due to which the people are facing difficulties/issues and the Committee of Narsingh Temple Tattapani has also made representations to the Government for shifting of the Crematorium/Crematorium ground.
2. It is pointed out that the construction of Crematorium/Crematorium ground had started at a place, Kiriya Nullah on Government land, which is a secluded site away from the inhabitants, temple and hot water springs/ pools, etc., but the said work is suddenly stopped and cremation of dead bodies is being carried out beside Narsingh temple and the hot water springs/pools. It is contended that 1 ::: Downloaded on - 04/01/2023 20:39:02 :::CIS 2 Tattapani is a tourist place and tourism is suffering on .
account of cremation of dead bodies near two temples and hot water springs/pools.
3. Prima-facie, we are of the view that Tattapani being a tourist place/pilgrimage spot, the State Government should consider and explore another site for shifting of the Crematorium/Crematorium ground. It is noticed that such decision was also taken earlier and certain construction of Crematorium had started at another site i.e. Kiriya Nullah, however, the work was stopped.
4. We, therefore, direct the respondents/State Government to consider and explore the possibility of shifting of the said Crematorium to another site. It will be open for the petitioners as well as private respondent to identify and suggest alternate sites for the construction of Crematorium/ Crematorium ground to the respondent/State.
5. List on 15.03.2023.
6. In the meantime, rejoinder, if any, be filed.
(A.A. Sayed) Chief Justice (Jyotsna Rewal Dua) Judge January 04, 2023 (Bhardwaj) 2 ::: Downloaded on - 04/01/2023 20:39:02 :::CIS