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2012 Supreme(AP) 983

PINAKI CHANDRA GHOSE, VILAS V.AFZULPURKAR
V. Nagaraju – Appellant
Versus
Kadapa Municipal Corporation, Rep. by its Commissioner Kadapa – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:R. Raghunandan, Advocate.
For the Respondents:R1 & R3, C. Venkat Yadav, SC for Municipal Corporation, R2, S. Arifullah, Advocate, R4, G.P. for Revenue.

Judgment

Pinaki Chandra Ghose, J.

This public interest litigation is filed to declare the action of respondent Nos.1, 3 and 4 in not prohibiting respondent No.2 from converting Ac.6.14 gts., of land in Sy. No.267 (resurvey No.315) of Nagarajupalle Village, Kadapa, into burial ground, as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India, and the Hyderabad Municipal Corporation Act, 1955 and consequently to direct respondent Nos.1, 3 and 4 to take appropriate action to stop the burial or disposal of the dead bodies in the said land.

2. The case of the petitioners is that the subject land is not being used as burial ground for a long time, although it is admitted by them that in the year 1964 the land was declared as burial ground. It is further stated that as per Section 566 of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’), which is applicable to respondent – Corporation, every owner or persons having control of any place used for disposal of the dead bodies shall apply, in a prescribed format, to the Commissioner within a period of six months from coming into force of the Act to register the same and the Commissioner shall c





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