Supreme Court Appoints Mediator to Resolve Isha Foundation Crematorium Dispute
The Supreme Court of India has taken a significant step towards resolving a contentious legal battle by appointing a mediator in the dispute over the establishment of a crematorium by the Isha Foundation in a residential area of Coimbatore. On Thursday, the apex court named former Madras High Court judge Justice B Rajendran to facilitate an amicable settlement between the parties involved.
Court's Initiative for Amicable Resolution
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi issued the order in response to a plea filed by S N Subramanian, a resident whose house is adjacent to the land where the crematorium is being constructed. The bench emphasized the importance of exploring a peaceful resolution, stating, "On our suggestion, the parties are agreeable to explore the possibility of an amicable settlement in terms whereof Isha Foundation will offer a fair and reasonable market price for the petitioner's residential house so as to enable him to settle down at another place of his choice. We earnestly impress upon the parties to pursue such a possibility and settle their disputes amicably."
Mediator Appointment and Legal Proceedings
Following the insistence of petitioner's counsel Prashant Bhushan for the appointment of a mediator, the bench formally requested Justice Rajendran to serve in this capacity. The court directed both Bhushan and senior advocate Mukul Rohatgi, representing the Isha Foundation, to contact Justice Rajendran by Friday and appear before him according to a fixed schedule. The matter has been adjourned to April 17 for further proceedings.
Background of the Case
This dispute has its roots in earlier legal proceedings. On January 28, a division bench of the Madras High Court dismissed a batch of petitions, including the one filed by Subramanian, which opposed the establishment of the crematorium in Ikkarai Boluvampatti, Coimbatore. The high court bench noted that the crematorium, particularly a gasifier type, is beneficial to the community and cannot be deemed against public interest. Dissatisfied with this ruling, the petitioner escalated the matter to the Supreme Court, leading to the current mediation efforts.
The Supreme Court's intervention highlights its commitment to resolving land-use conflicts through dialogue and negotiation, rather than prolonged litigation. This case underscores the delicate balance between community infrastructure development and individual property rights in urban areas.
