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Ankit Tripathi (Lawyer)     16 July 2011

Judgement on Relocation of Burial And Cremation Sites

i have to file a writ for relocation of Burial and Cremation sites situated near a residential area.  i need favourable supporting case laws on the same. i have some but not upto the mark.  can anyone help me? 



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 2 Replies

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     16 July 2011

As far as Writ is concerned the court will decide the question of law only.  Hence, if you findout  what is the question of law involved in this case, then I can easily provide the judgement.  Purpose of the case law or judge made law is only for deciding the question of law only not for the question of fact.

KAMARAJ BHARATHY G  

Ankit Tripathi (Lawyer)     18 July 2011

Thankyou sir for your positive and valuable response. As far as the question of law is concerned, the present writ question that:

(1) whether the construction of crematorium and burial ground by any local body(Municipal Corporation/council or Gram Panchayat), in vicinity of a residential area amounts to violation of Article 21(right to life and dignity, right to live in wholesome environment)?; and

(2) whether non-service of notice (i.e. notice through Sign Boards) by any local body prior to any type of construction, is arbitrary in nature and amounts to abuse of process?

  


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