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2005 Supreme(All) 1372
ALLAHABAD HIGH COURT
Sunil Ambwani and Vikram Nath, JJ.
Ramdas, Disciple, Purushottam Das Ji Maharaj
Versus
State of U.P.
Civil Misc. Writ Petition 37055 of 2001
Decided On : 08 August 2005
Civil Misc. Writ Petition 37055 Of 2001
Ashok Mehta, M.M.D.Agrawal, P.N.OZA, RANVIJAI SINGH, Satya Prakash Singh, VASHISHTHA TIWARI,
Public interest litigation should be used with circumspection, and an unauthorized occupant lacking sufficient interest cannot maintain the proceedings.
Headnote:
Crematorium - Public Interest Litigation - Zamindari Abolition and Land Reforms Act, 1951, Environment and Forest (National River Conservation Directorate) Government of India - The court dismissed the writ petition seeking to restrain the construction of a crematorium at a religiously significant site in Vrindavan, citing the petitioner's unauthorized occupation of the land and lack of sufficient interest to maintain the proceedings. The court found that the proposed site was selected with the approval of all authorities and had been used as a crematorium for about 25 years without objection. The court emphasized that public interest litigation should be used with circumspection and dismissed the petition, hoping for the prompt completion of the crematorium construction and development of the area.
Fact of the Case:
The petitioner filed a public interest litigation seeking to restrain the construction of a crematorium at a religiously significant site in Vrindavan, claiming objections based on religious sentiments, disturbance to residents and pilgrims, and the availability of alternative sites.
Finding of the Court:
The court found that the petitioner was an unauthorized occupant of the land and lacked sufficient interest to maintain the proceedings. The court dismissed the petition, emphasizing the need for circumspection in public interest litigation and expressing hope for the prompt completion of the crematorium construction and development of the area.
Issues: Unauthorized occupation of land, lack of sufficient interest to maintain the proceedings, objections based on religious sentiments and disturbance to residents and pilgrims, selection of the crematorium site.
Ratio Decidendi: The court emphasized the need for circumspection in public interest litigation and held that an unauthorized occupant lacking sufficient interest cannot maintain the proceedings. The court also highlighted the approval of the proposed site by all authorities and its use as a crematorium for about 25 years without objection.
Final Decision: The writ petition was dismissed, and the interim orders were discharged. The court expressed hope for the prompt completion of the crematorium construction and development of the area.
( 1 ) HEARD Sri Ram Das Ji, the petitioner in person; learned Standing Counsel for the State of U. P. , sri M. M. D. Agarwal for U. P. Jal Nigam, and Vashistha Tiwari for Vrindavan Vikas Samiti, respondent No. 4.
( 2 ) THIS writ petition, filed in public interest, seeks for directions to restrain respondents from construction of a crematorium (Shavdah Grih) at Sri Banshibat place by the side of Vrindavan panchkoshi Parikrama Marg on plot No. 514 on the banks of Holy river Yamuna, in village-Dungoli, Tehsil-Mant, District-Mathura. The petitioner claims to be the disciple of Sri purushottam Das Ji Maharaj and a resident of hari Om Namah Shivay Ashram at Vanshivat, vrindavan, District-Mathura. He has filed this petition, stating that Vrindavan, a place of ras-Lila of Lord Krishna has its religious importance amongst the Hindus. The Vrindavan is the actual place of Ras-Lila of Lord Krishna and is famous throughout the world. The pilgrims do parikrama on their feet, as well as by crawling on the parikrama marg. Crores of people come here to do parikrama as well as to worship Lord Krishna. The Yamuna Pollution Control Unit of u. P. Jal Nigam, taking care of the pollution of river Yamuna has proposed to construct a crematorium on plot No. 514 at village Dangoli, Tehsil-Mant, District-Mathura, and has constructed four platforms in the year 1995 which were never used. They have started construction of raising a boundary wall and three rooms. There are religious institutions, as well as dense residential colony around the place. The petitioner has objections to the selection 01 site and construction of crematorium at Vanshivat and claims to be representing the entire Hindu community. In substance the objections are that there are religious sentiments attached to the place. It will cause disturbance to the residents and pilgrims walking on the parikrama marg adjacent to the proposed construction.
( 3 ) ON 8. 1. 2002 after hearing the petitioner in person and the counsel for Jal Nigam and U. P. Pollution Control Board, a direction was issued to publish a public notice in newspaper having circulation at Vrindavan by 22. 1. 2002, inviting views and comments on the issues involved in the writ petition. The public notice was published in dainik Amar Ujala on 21. 1. 2002. In response to this notice an impleadment application was filed by vrindavan Vikas Samiti which has established the Golok Dham Sav Dah Grih Nirman Yojana. The District Administration allotted five acres of land to the Society on the plot and that the State government has given aid for the construction to be made under the supervision of U. P. Jal Nigam and U. P. Pollution control Board with its regional office at Mathura.
( 4 ) COUNTER affidavits have also been filed by Sri Surya Mani Lal Chand, Deputy Collector, mathura; Shri Krishna Gopal, Project Manager, Yamuna Pollution Control Unit, U. P. Jal Nigam, mathura; and Sri Nandan Chakrabarti, Tehsildar, Mathura
( 5 ) SRI Surya Mani Lal Chand, Deputy Collector, Mathura in his short counter affidavit states that the place is being used as traditional burning ghat for quite a long time, as per the report dated 6. 1. 2002 of the Health Officer , Nagar Palika. About 35-40 dead bodies arc burnt at the place in a month. There is no other public land available near newly constructed bridge for using as shavdah Grih, and that there is no resentment in general public about the constructions. The petitioner-Sri Ram Das Ji has constructed the Ashram known as shri Hari Om Namah Shivaya ashram adjacent to the site, and the road. He has unauthorisedly occupied the Gaon Sabha land. The Tehsildar submitted a report dated 20. 11. 2001 to the Additional District Magistrate (Finance) reporting that the hari Om Namah Shivaya Ashram measuring 1. 05 acres (0. 452 hectare) with a temple, cow-shed and a residential room have been constructed on the part of khasra No. 514, on the Yamuna Bank. The Ashram has taken unauthorised occupation
