SHAKUR BASTI SHAMSHAN BHUMI SUDHAR SAMITI (REGD.) versus THE LT. GOVERNOR, NATIONAL CAPITAL TERRITORY OF DELHI AND OTHERS

Citation: [2007] 13 S.C.R. 145 · Decided: 11-12-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Dismissed

Judgment (excerpt)

SHAKUR BAST! SHAMSHAN BHUMI SUDHAR SAMIT! 
(REGD.) 
v. 
THE LT. GOVERNOR, NATIONAL CAPITAL TERRITORY OF 
DELHI AND OTHERS 
A 
B 
~I 
I 
DECEMBER 11, 2007 
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.] 
j 
Urban Development: 
I 
C 
Acquisition of land being used as cremation ground - State 
Authority allotting the land to Housing Societies after declaring it 
as residential area - Cremaiion 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 D 
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 E 
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 F 
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 
appealfiledalso dismissed by High Court- On appeal, Held, Order G 
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 
145 
H 
146 
SUPREME COURT REPORfS 
[2007] 13 (Addi.) S.C.R. 
A question for the purpose of cremation ground was in ignorance ol 
iudicial orders, thus, could be reviewed - Jn terms olorder of LG 
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 
B 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, iherefore, the order attained 
finality - Administrative Order - Review. 
c 
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 
D - 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 
E 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. 
F 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 
Ci 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 
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SHAKUR BASTl SHAMSHAN BHUMI S.S. (REGD.) v. 
147 
THE LT. GOVERNOR, N.C.T OF DELHI & ORS. 
f 
against the opening of the cremation ground at the new site and A 
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 B 
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 form

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