| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Acquisition of land Quashing of order |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Urban Development:Acquisition of land being used as cremation ground - State Authority allotting the land to Housing Societies after declaring it as residential area - Cremation of dead bodies on the land continued - Challenged by Housing Societies - High Court directing the authorities to stop cremation on the land - Issuance of Notice by Municipal Corporation closing the cremation ground and commissioning a new cremation ground in nearby area -Appellant, a Cremation Ground Welfare Society, filing a representation before Lieutenant Governor for allotment of the land in its favour for proper management - L.G directing MCD to take over the land and Delhi Development Authority to make formal allotment of the Land to MCD - Challenged by a resident - High Court directing the authority to ensure that the Land not to be used as cremation ground -Appellant filing a petition before High Court for direction to L.G for fresh order - High Court directing L.G to pass fresh order - Admitting that the facts regarding allotment of the Land to Housing Society not brought to his knowledge earlier, L.G directed the authorities to re site cremation ground - Writ petition filed thereagainst by appellant dismissed by High Court - Writ appeal filed also dismissed by High Court - On appeal, Held, Order for closure of the cremation ground was passed by the authority - Though appellant society not impleaded as a party but it cannot be believed that it was not aware of such developments - Order passed by L.G directing the authorities to take over the land in question for the purpose of cremation ground was in ignorance of judicial orders, thus, could be reviewed - In terms of order of L.G no legal right conferred on the appellant society - Also L.G as a Statutory authority could not ignore the development plan - The land in question earmarked by the Authority for development in terms of Statute - Order passed by High Court directing closure of the cremation ground though challenged by appellant by filing LPA but the same was withdrawn, therefore, the order attained finality - Administrative Order - Review.Constitution of India, 1950; Article 226: Quashing of order passed by executive - Jurisdiction of a writ court - Held: A Writ Court in exercise of its jurisdiction under Article 226 of the Constitution need not quash the order if it gives rise to another illegal order or may quash both the orders - Administrative order - Quashing of.Appellant, a registered society was managing the affairs of a cremation ground on the disputed land. Land acquisition proceedings were initiated by the Delhi Development Authority for acquisition of the said land and an award was also made. Despite acquisition of the land, unauthorized cremation of dead bodies continued on it. Later, a Notification was issued by the Delhi Development Authority declaring the said area to be residential area and allotted the land to Group Housing Societies. They filed writ petitions before the Delhi High Court praying for discontinuance of the site as cremation ground. The High Court directed respondents-authorities to stop cremation on the land in question. The order of the High Court was challenged by the appellant-Cremation Ground Welfare Society by filing Special Leave Petitions before the Supreme Court. The petition was dismissed. Later, the Municipal Corporation of Delhi issued a Public Notice informing about closure of the cremation ground and commissioning of the new cremation ground in nearby area. A writ petition was filed by the respondents raising objection against the opening of the cremation ground at the new site and a suit was filed by another respondent praying for retaining the cremation ground.In the meantime, a representation was made by the appellant-Society to the Lieutenant. Governor of Delhi for allotment of the land in question in its favour. The representation was allowed by the Lt. Governor directing MCD to officially take over the cremation ground for which DDA would have to make a formal allotment to the MCD and to enter into an MoU with the appellant for proper management of the cremation ground. Delhi Development Authority re-allotted the land to MCD for the purpose of cremation ground. A resident of the adjoining area filed a writ petition thereagainst. High Court directed DDA to ensure that the land in question is not to be used as a cremation ground. An LPA filed thereagainst by the appellant-Society was dismissed by the High Court as withdrawn. A separate writ petition was filed by the appellant on the ground that Lt. Governor has passed another order allotting the site in question to the M.C.D. without consulting it which was contrary to the earlier order. The petition was disposed of by the High Court directing the Lt. Governor to pass fresh order after hearing both the parties. The appellant filed a detailed representation before the Governor, the Governor after hearing both the parties issued instructions to MCD and DDA to re site the cremation ground and to put to use the land so vacated as per the development plan. A writ petition filed thereagainst by the appellant was dismissed by High Court. The writ appeal was dismissed by a Division Bench of the High Court. Hence, the present appeal. |
| Judge | Hon'ble Mr. Justice S.B. Sinha |
| Neutral Citation | 2007 INSC 1258 |
| Petitioner | Shakur Basti Shamshan Bhumi Sudhar Samiti (regd.) |
| Respondent | The Lt. Governor, National Capital Territory Of Delhi And Others |
| SCR | [2007] 13 S.C.R. 145 |
| Judgement Date | 2007-12-11 |
| Case Number | 5793 |
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