Court Encourages Settlement Between Parties
The Supreme Court of India on Thursday encouraged the Isha Foundation to explore an amicable settlement in a dispute concerning the establishment of its Kayantha Sthanam (crematorium) near Coimbatore.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi heard the petition filed by a local resident who objected to the crematorium’s proximity to his residence.
Petitioner Raises Objections on Location and Nuisance
Appearing for the petitioner, Advocate Prashant Bhushan submitted that local regulations prohibit the construction of a crematorium or burial ground near a dwelling house or water body without a licence from the Gram Panchayat.
He argued that the Madras High Court erred in holding that the restriction ceased to apply once the Panchayat granted a licence for a crematorium situated 90 metres away. However, according to the petitioner, his house stood barely 10 metres from the site.
Further, Bhushan alleged that the crematorium caused serious nuisance. He stated that bodies had been cremated there daily over the past few weeks. He also pointed out that the petitioner belonged to a tribal community where burial, and not cremation, was the customary practice. According to him, bodies were being brought from Coimbatore city, located nearly 30 kilometres away.
Isha Foundation’s Submissions
Responding to these arguments, the Chief Justice noted that the Court must consider the larger public interest. He observed that the Foundation’s activities ensured that bodies were not left unattended.
Senior Advocate Mukul Rohatgi, appearing for the Isha Foundation, submitted that the petitioner had earlier sold a portion of his land to the Foundation. He contended that the present challenge arose only thereafter.
While Bhushan acknowledged the sale, he clarified that the land was not sold for the purpose of constructing a crematorium.
Court Suggests Compensation and Relocation
At this stage, the Chief Justice suggested that the parties attempt to resolve the dispute through compensation and relocation. He proposed that the Foundation consider offering compensation for the petitioner’s residence, thereby enabling him to relocate to a better living environment.
Justice Bagchi added that in cities such as Kashi and Kolkata, cremation grounds often exist close to residential areas. However, he noted that Delhi follows a different urban planning approach.
Bench Records Agreement to Explore Settlement
Recording the submissions, the Bench noted that both parties had agreed to examine the feasibility of an amicable settlement. The Court observed that the Isha Foundation would consider offering a fair and reasonable market price for the petitioner’s house, allowing him to relocate to a place of his choice.
The Court emphasised that both sides must make sincere efforts to resolve the dispute amicably.
Case Title: S. N. Subramanian v. The District Collector-cum-Inspector
