judgment

S.B. Sinha, J. —

1.The present controversy relates to a cremation ground known as ‘Shakur Basti Shamshan Bhumi’. It is located in a village known as Shakur Basti in the town of Delhi.

2.Appellant herein is a society registered under the Societies Registration Act, 1960. It is said to be managing the affairs of the cremation ground being in charge and possession thereof. The village in question as also the adjoining areas viz. Rani Bagh, Rishi Nagar, Mohindra Park, Sant Nagar, Raja Park, Sri Nagar etc. are said to be inhabited by the displaced persons from Pakistan. This site in question was being used as cremation ground by the residents of the village as also the adjoining areas.

3.A land acquisition proceedings was initiated for acquisition of the said land on or about 26th December, 1964. An award was also published. The possession of the vacant land was admittedly taken. Despite acquisition of the said land unauthorized cremation of dead bodies continued.

4.It is not in dispute that pursuant to or in furtherance of the land acquisition proceedings a Notification was issued by the Delhi Development Authority declaring the said area to be the residential area. Some Group Ho