Commissioner Of Police, Bombay vs Gordhandas Bhanji on 23 November, 1951
5. According to the petitioners, the existence of vault
would create severe environmental problems as the water body
in the nearby locality will be affected by the cemetery coming
into existence in that area and that the cemetery is in close
proximity with the neighbouring residences. Reference is made
to the judgment of the Supreme Court in Commissioner of
Police, Bombay v. Gordhandas Bhanji (AIR 1952 S.C. 16(1).
This judgment is relied upon to indicate that the authority who
has passed the order has to rely upon the materials forming part
W.P.(C) No. 8889 of 2012 - I
4
of the impugned order and cannot bring new explanations
subsequent to the same.