Madras High Court Upholds Crematorium Construction in Coimbatore
The Madras High Court has firmly stated that the establishment of a crematorium, particularly a modern gasifier crematorium, cannot be deemed against public interest. In a significant ruling, the court emphasized that such facilities are beneficial to the community, serving essential societal needs.
Court Dismisses Petitions Challenging Isha Foundation Project
The court made these observations while dismissing a batch of pleas that challenged the construction of a crematorium in Ikkarai Boluvampatti, Coimbatore, by the Isha Foundation. The petitioners had raised objections based on specific regulatory grounds, but the court found these arguments untenable in light of existing legal precedents.
Legal Grounds and Supreme Court Precedent
The primary ground for challenging the crematorium's establishment was that it allegedly violated Rule 7 of the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules. This rule pertains to the prohibited distance of 90 meters from dwelling places or sources of drinking water supply.
However, the first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan clarified that this issue has already been addressed by a full bench of the Supreme Court in the landmark Jagadheeswari case. The bench noted that the matter is no longer res integra (an untouched issue) and stands conclusively resolved.
Court's Interpretation of the Rules
Relying on the Supreme Court's judgment, the Madras High Court bench explained that Rule 7 does not prohibit the granting of licenses for establishing crematoriums within 90 meters of residential areas or water sources. According to the rules, the only essential prerequisite is obtaining a proper license from the relevant authorities.
The court stated, "It is, therefore, clear that the argument of petitioners that no permission could be granted within that distance is no longer available to be pressed into service, as it is against the dictum of the full bench decision of the apex court in the Jagadheeswari case."
Implications for Future Cases
This ruling reinforces the legal framework surrounding crematorium establishments in Tamil Nadu, highlighting the importance of adhering to licensing procedures rather than rigid distance-based prohibitions. It underscores the judiciary's role in balancing community benefits with regulatory compliance, ensuring that essential public services like crematoriums can be developed without unnecessary legal hurdles.
The decision is expected to set a precedent for similar cases, providing clarity on the interpretation of village panchayat rules and their alignment with higher court judgments. It also reflects the evolving understanding of public interest in urban and rural planning contexts.
