Allahabad High Court
Munnu Lal Trivedi And 7 Ors. vs The State Of U.P.Thru.Prin. Secy. ... on 24 August, 2022
Bench: Rajesh Bindal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Chief Justice's Court Serial No. 312 HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW) PUBLIC INTEREST LITIGATION (PIL) No. - 1688 of 2015 Munnu Lal Trivedi and others .....Petitioners Through :- Mr. O.P. Tiwari, Advocate v/s The State of U.P. and others .....Respondents Through :- Mr. V.P. Nag, Standing Counsel CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE JASPREET SINGH, JUDGE ORDER 1. The present petition was filed in public interest with the following prayer :- "a. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to sifted the New Mortuary on the earlier place or any other place were public persons are not residing area near at District Hospital, District-Unnao." 2. In the supplementary counter affidavit filed by respondent no. 4 dated May 11, 2016 it has been stated that the mortuary has been constructed in the Hospital premises adjoining to the place where it was already existing. There is an arrangement of separate room for keeping the dead bodies which are brought for post mortem and the dead bodies are not kept in open space. There are air conditioned rooms to preserve the dead bodies. 3. The aforesaid facts are not disputed by learned counsel for the petitioners. He further fairly added that the deep freezers have also been been installed in the mortuary to preserve the bodies brought for examination. However, he submitted that the residential area being located just adjoining to the boundary wall of the hospital and the mortuary being visible from their residences, tin-sheets may be placed on the boundary wall to break the view of the mortuary from the houses close by. 4. We find the request made by learned counsel for the petitioners to be genuine and fair. 5. Respondent no. 1 is, accordingly, directed to plan and place appropriate sheets to break the view from the residences to the opening of the mortuary and any other place, which may be visible where either the dead bodies are brought or kept. 6. The needful shall be done within a period of three months from the date of receipt of copy of this order. 7. Needless to add that from the photographs placed on record it is evident that there is no plantation within the boundary wall of the mortuary. Efforts shall be made to plant trees close to the boundary wall. 8. With the aforesaid directions/observations, the petition is disposed of. (Jaspreet Singh, J.) (Rajesh Bindal, C.J.) Lucknow 24.08.2022 P. Sri./Manish Himwan Whether the order is speaking : Yes Whether the order is reportable : Yes/No