Punjab-Haryana High Court
Sanjay Kumar And Others vs Haryana Urban Development Authority ... on 22 July, 2013
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 3453 of 2011 ( O&M )
DATE OF DECISION : 22.07.2013
Sanjay Kumar and others
.... PETITIONERS
Versus
Haryana Urban Development Authority and others
..... RESPONDENTS
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE MAHAVIR S. CHAUHAN
Present: Mr. Sachin Mittal, Advocate,
for the petitioners.
Mr. Gitish Bhardwaj, Advocate,
for respondents No.1 to 3.
Mr. Vinod S. Bhardwaj, Advocate,
for respondent No.4.
Ms. Alka Sarin, Advocate,
for the applicants (in CM Nos. 8258-59-CWP of 2013)
***
SATISH KUMAR MITTAL, J. ( Oral ) The petitioners are residents of Sector 23-A, Gurgaon. They have been allotted residential plots by the Haryana Urban Development Authority. After allotment, they have constructed their houses and started living in the said Sector. They have filed the instant petition seeking direction to the respondents to shift the cremation site situated near plot Nos. 750 to 759 in Sector 23-A, Gurgaon, to its original place where it is ear-marked, i.e. on 18 meters wide road and approximately at 45 meters Dass Narotam 2013.07.25 12:07 I attest to the accuracy and integrity of this document CWP No. 3453 of 2011 ( O&M ) -2- distance from plot No. 899 in the Sector Park (Janmdivas Udyan). It has been pleaded in the writ petition that the present site, where the dead bodies are being cremated now, was never sanctioned as cremation ground in the lay-out plan of the Sector.
In the written statement filed on behalf of respondents No.1 to 3, it has been stated that there exists a cremation ground in Sector 22, Gurgaon and residents of Sector 23-A, Gurgaon, can use it to cremate the dead bodies. It has been further stated that the cremation ground in front of plot No. 899-P, Sector 23-A, Gurgaon, which was originally ear-marked by the HUDA for residents of Sector 23-A, Gurgaon, falls within 900 meters of Ammunition Depot, therefore, no construction can be made on the said cremation ground.
During the pendency of this petition, residents of village Carterpuri moved an application (CM No. 8259-CWP of 2013) for impleading them as respondents No.5 to 105. It has been alleged by them that they are using the existing cremation ground since the year 1998 and they should be permitted to use the same, though it has not been disputed that in the lay-out plan of Sector 23-A, Gurgaon, the said site was not ear- marked for the cremation ground. In the original plan for village Carterpuri, a site was ear-marked for cremation ground, on which the residents of the village can cremate the dead bodies. But the said site could not be finalised.
As far as the site in Sector 23-A is concerned, it is not meant for cremation ground and prayer of the petitioners is to shift the said Dass Narotam 2013.07.25 12:07 I attest to the accuracy and integrity of this document CWP No. 3453 of 2011 ( O&M ) -3- cremation ground to an authorised place, as the dead bodies should not be permitted to be cremated on the site, which is within the residential area.
During the course of hearing, it was pointed out that in connivance with respondent No.4, the existing site is being used as cremation ground and he also got constructed an unauthorised building to facilitate cremation of the dead bodies at the existing site. On May 22, 2013, after hearing learned counsel for the parties, the following order was passed by this Court :
"In pursuance of our earlier order dated April 12, 2013, learned counsel for the Municipal Corporation as well as HUDA informed that a joint meeting of the officials of the Municipal Corporation and the senior officers of the HUDA was held on 16.4.2013 in which it was decided that the site in question in Sector 23-A, which is presently being used as a cremation ground, is not suitable because of lack of drinking water, sitting arrangements and other facilities. In the original planning, the site was a green belt and was not sanctioned as a cremation ground. In the meeting it was further decided that the cremation ground in Sector 22, which is at a distance of 2.35 Kms. from village Carterpuri, where all facilities are available, can be used by the villagers of Carterpuri and residents of Sector 23-A for cremation. With regard to illegal construction raised on the existing site, it has been stated that the same will be transferred by the Municipal Corporation to HUDA for its utilization as part of park/green belt.
Ms. Alka Sarin, Advocate, who is representing the villagers of Carterpuri, states that the proposed site in Sector 22 will be at a long distance and it will be difficult for the villagers Dass Narotam 2013.07.25 12:07 I attest to the accuracy and integrity of this document CWP No. 3453 of 2011 ( O&M ) -4- of Carterpuri to take the dead bodies for cremation. She suggests that in the original planning a site near the village was earmarked for this purpose and said site is still available which can be permitted to be used as a cremation ground for the said village. She further informed that the objections filed by the Residents Welfare Association for shifting of the said site were rejected.
Learned counsel for the HUDA informed that originally the said site was earmarked for cremation ground for the villagers of Carterpuri and since the objections filed by the Residents Welfare Association for shifting of the site were rejected, the earmarked site can be provided for cremation ground.
In view of the aforesaid factual position and suggestion given by the learned counsel for the villagers of Carterpuri, we direct the said Committee to again look into the matter in order to see the feasibility as to whether the already earmarked site can be permitted to be used for cremation by the villagers of village Carterpuri on a clear undertaking that they will not raise any type of construction on their own and use the said site only for the purpose of cremation of dead bodies of the villagers.
Adjourned to 22.07.2013."
In pursuance of the said order, an affidavit of the Estate Officer, HUDA, Gurgaon-I, with regard to the minutes of meeting held on 16.7.2013 under the Chairmanship of the Administrator, HUDA, Gurgaon, has been filed. In the said meeting, it was resolved that the residents of Sectors 23 and 23-A and village Carterpuri can be requested to use the nearest cremation ground of village Mullahera, Sector 22, Gurgaon, which Dass Narotam 2013.07.25 12:07 I attest to the accuracy and integrity of this document CWP No. 3453 of 2011 ( O&M ) -5- is functional and approved site for cremation and is within 2 Kilometers from the vicinity of Sectors 23 and 23-A. As far as the ear-marked site is concerned, it was resolved that the same can be permitted to be used for cremation of the dead bodies by residents of village Carterpuri as well as residents of Sectors 23 and 23-A, without raising any construction on the site, as the construction is prohibited, because it falls within 900 meters restricted belt of ammunition depot. However, it has been stated that the ear-marked site shall be used only for cremation of dead bodies and no construction shall be raised by HUDA or Municipal Corporation, Gurgaon, except the barbed wire fencing/grilled fencing. It was also found that the ear-marked site is much closer to the residential houses of HUDA as well as of village abadi. The site presently used as cremation ground i.e. operative site is comparatively away from the village abadi. It was resolved in the said meeting that the ear-marked site can be used for cremation of the dead bodies of residents of village Carterpuri.
In view of the aforesaid facts, we are of the opinion that the HUDA authorities cannot be permitted to use a particular site as cremation ground, which in the original plan is not meant for cremation ground. If the HUDA authorities have ear-marked any site for cremation of the dead bodies by residents of village Carterpuri, the same can be permitted to be used as such by the HUDA authorities, after seeking necessary approval from the competent authority. As far as the other functional site for cremation ground in Sector 22, Gurgaon is concerned, the same can be used Dass Narotam 2013.07.25 12:07 I attest to the accuracy and integrity of this document CWP No. 3453 of 2011 ( O&M ) -6- by any person, including the residents of Sectors 23 and 23-A, Gurgaon, as well as residents of village Carterpuri. Merely because that site is at some distance, the villagers of Carterpuri cannot be permitted to cremate the dead bodies at a place, which is a green belt and not sanctioned for cremation ground.
Therefore, we dispose of this petition with a direction to the HUDA authorities not to permit the cremation of dead bodies at the disputed site in Sector 23-A, Gurgaon and the dead bodies be permitted to be cremated on the site functional for the cremation ground in Sector 22, Gurgaon.
( SATISH KUMAR MITTAL )
JUDGE
July 22, 2013 ( MAHAVIR S. CHAUHAN )
ndj JUDGE
Dass Narotam
2013.07.25 12:07
I attest to the accuracy and
integrity of this document