Whether residential society can force the municipality to shift the crematorium area annexed to the society ?
Villagers of place A using an area as a crematorium for 100 years. After establishment of residential society therein, society members filed complaint to the municipality for shifting of crematorium. The Hon’ble High court in writ petition directed the standing committee of municipality to take this decision. The Division Bench however directed the Municipality to take possession of alternate place available for shifting of crematorium. The Hon’ble Supreme Court while setting aside the Division Bench directions held that merely because society members are residing around crematorium area cannot mean that they can ask for shifting of crematorium. Allowing such pleas would lead to a situation wherein every society in the country may ask for shift of crematorium. [i] (I) Section 42(f) of the Act, 1957 it is the duty cast upon the Municipal Corporation to make provision for regulation of places for the disposal of dead and the provision