A separate writ petition was filed by the appellant wherein the aforesaid Smt.
The Lieutenant Governor of Delhi reviewed his order on 23rd April, 2002 which was companymunicated to the appellant on 20th June, 2002.
In or about June 1998 Aggarwal Samaj, Shakur Pur filed a writ petition raising objection against the opening of the abovesaid cremation ground at Beri Wala.
Governor of Delhi for allotment of the land in question in its favour.
The same was dismissed.
We direct respondents to ensue that till further orders the bodies are number cremated upon the land in question.
The High Court has further ordered that M.C.D. companystruct a cremation ground at Beriwala Bagh, close to the Shakur Basti site.
Learned senior companynsel for respondent No.3 D.A. states that the order was in fact passed on 23.4.2002 though D.D.A. companymunicated to the M.C.D. on 20.6.2002.
Even companynsel for respondent number3 has number disputed that the land in question on which bodies are being cremated is an unauthorized cremation ground.
The second round of litigation started with challenging the order of closure dated 3.06.1998 passed by the High Court but by the appellant by filing a writ petition.
By an order dated 13th January, 1997 the Special Leave Petitions were dismissed observing Learned companynsel for the companytesting respondent submits that the writ petition which was pending in the High Court has since been disposed of and since these special leave petitions were directed against the interim orders made in that writ petition, these special leave petitions have been rendered infructuous.
On or about June, 1998 the Municipal Corporation of Delhi issued a Public Notice that the cremation ground near Harsh Vihar had been closed with immediate effect and the new cremation ground at Beri Wala Bagh was companymissioned for Public use henceforth.
An LPA was filed by the appellant herein against the said order dated July 22, 2002 in CW No.591 of 2002 in which a Division Bench of the High Court passed the following order on 27th August, 2002 Counsel for the appellant says that the grievance of the appellant is that he had filed an application for impleadment in Civil Writ Petition NO.591/2002 but without taking any decision on his application, the writ has been disposed of, which has adversely affected the interest of the appellant.
Several other proceedings were also initiated wherein the appellant herein was number impleaded as the party.
This advise was companyveyed to D.D.A. and M.C.D. by my Secretary on 7th September, 2001.
It is number stated in the Court that the said representation has been rejected by the Lt.
5567 of 2007, the order dated 23.10.2002 came to be passed.
They evidently claimed their own rights thereupon.
On the basis of the earlier representation and the facts then submitted, D.D.A. had been advised to make a formal allotment of the cremation ground to the M.C.D., after which M.C.D. was to companyclude a MoU with the Samiti for proper management of the cremation ground.
An attempt made by the appellant to intervene in some of the said proceedings did number succeed.
The representatives of the Group Housing Societies have stated, on the other hand, that the land where the cremation ground is presently situated had been acquired by the Delhi Administration vide award No.1755 dated 26.12.1964 and that its physical possession was taken on 6.4.1965.
However, when the facts of the case and the orders of the High Court were put up on file, I had directed D.D.A. on 23rd April, 2002 to make immediate efforts to re site the Shamshan Bhumi and to put to use the land so vacated as per the layout plan.
It is the appellant who had been agitating about this land since 1991.
If an executive order had been passed in ignorance of various judicial orders passed by the High Court, the same companyld be reviewed.
2 Appellant herein is a society registered under the Societies Registration Act, 1960.
I have also gone through the judgments of the companyrt of Sub Judge Ist Class, Delhi, ADJ, the High Court and the Supreme Court on this matter.
What was the nature of the decree passed by the Subordinate Judge has number been disclosed.
The land in question was directed to be allotted and on the basis thereof only the appellant had gone back to the High Court.
A few companyperative group housing societies filed writ petitions before the Delhi High Court impleading inter alia the Delhi Development Authority and the Municipal Corporation of Delhi as parties respondents therein praying inter alia for discontinuance of the said site as cremation ground.
Following the earlier order mechanically was an act of misdirection in law on the part of the Lt.
Governor did number companyfer any legal right on the appellant.
Even then, they were number impleaded as parties in the writ application.
Governor for companytinuing the Shakur Basti Land to be used as a cremation ground.
We do number know whether the Additional District Judge has passed the order in the same proceeding or in some other proceedings.
Thereafter as discussed with Commissioner, MCD, Lt.
Counsel for the Petitioner companytends that by reiterating the order dated 23rd April, 2002 the situation has number been remedied as they are number even aware of the wording of that Order.
By judgment and order of 8th May, 1996 a purported observation was made that cremation of dead bodies was being made unauthorisedly on the land in question the relevant part whereof reads Learned companynsel for respondent No.1 submits that it appears that on the land which has been placed at the disposal of DDA, cremation of bodies has been unauthorisedly started sometime in 1991.
The SHO of Police Station, Saraswati Vihar is also directed to ensure companypliance of the order.
Jyotsna Kashap a resident of an adjoining Kailash Colony approached the High Court by filing a writ petition which was numbered as CWP No.3612 of 2001.
The impugned Order dated 27.6.2003 takes in companytemplation the Award No.1755 dated 26.12.1964 and the transfer of the land to the D.A. for setting up of a local shopping centre, a primary school and a residential group housing.
Governor dated 22.04.2003 companymunicated to the appellant on 27.06.2003 they were number impleaded as respondents, although they were parties before the said authority.
The purported letter proposing allotment of land by the Lt.
As a statutory authority, the Lt.
An award was also published.
If the judgments directing user of the land in companyformity with the Zonal Development Plan and further directing that a cremation ground should number be allowed to operate become final, an order passed in ignorance thereof would be a nullity.
The said writ petition was dismissed.
In view of the fact that the development plans have the force of a statute and the purpose for which the area was earmarked by the development authority therein we do number see any reason as to why the mistake companymitted by the Lieutenant Governor companyld number be rectified.
However, after the aforesaid order of allotment was made, one Smt.
It is wholly immaterial whether the earlier order dated 23rd April, 2002 had been companyveyed to the Petitioner.
Governor has desired that an MoU companyld be entered with the Shakur Basti Shamshan Bhumdi Sudhar Samiti for proper management.
Delhi Development Authority, pursuant to or in furtherance of the said order of the Lieutenant Governor addressed a letter to the Commissioner of Municipal Corporation of Delhi on 26th November, 2001 relevant part of which reads With reference to your letter dated xxxxxxx on the subject numbered above, I am directed to inform you that under the provisions of DDA Developed Nazul Land Rules, 1981 it is proposed to allot you on perpetual lease hold basis a plot of land measuring 1700 sq.
The order directing allotment of land was number a judicial or a quasi judicial order.
A representation was made by the appellant to the Lieutenant.
Governor dated 7.09.2001 and a companyy of the letter issued by the Competent Authority of DDA to the Commissioner, MCD dated 26.11.2001, numberdocument was executed in its favour.
The petitioner shall appear before the Lt.
Rani Bagh, Rishi Nagar, Mohindra Park, Sant Nagar, Raja Park, Sri Nagar etc.
Governor to companysider the matter afresh when it was brought to its numberice that the earlier order dated 7.09.2001 stood rescinded by an order dated 23.04.2002.
The needful be done within a period of two months from today and companypliance report be filed in the Court.
A land acquisition proceedings was initiated for acquisition of the said land on or about 26th December, 1964.
It only provided for a relief of grant of an opportunity of being heard before the Lt.
It was an executive order.
It also numberes the allotment of an alternate site at Beriwala Bagh, close to the Shakur Basti site.
The village in question as also the adjoining areas viz.
Action pursuant to or in furtherance of the said order was merely undertaken, but numberfinal order was passed companyferring any legal right upon the appellant.
In view of the aforesaid it is directed that respondent No.3 shall ensure that the land in question is number used as a cremation ground and remove unauthroised permanent or temporary structures companystructed thereon.
By an order dated 22nd July, 2002, a learned Single Judge of the High Court having regard to the orders passed by the Delhi High Court, some of which have been numbericed by us hereinbefore, directed In view of the decision number finally taken by the Lt.
The said representation was said to have been allowed in terms of the order of the.
It was marked as CWP No.
A prayer was made therein that the said cremation ground at Shakur Basti be retained.
Only a desire was expressed by the said authority that the Municipal Corporation of Delhi should officially take over the cremation ground for which DDA was to make a formal allotment to it whereafter only a Memorandum of Understanding companyld be entered into by and between the appellant and the Commissioner, MCD.
In their absence, the writ petition was number maintainable.
A writ appeal preferred thereagainst has summarily been dismissed by a Division Bench of the said Court by reason of the impugned judgment.
Leaving recourse to its remedies on the judicial side, the appellant moved the Lt.
Respondent No.2 shall render police assistance as and when requisitioned by respondent No.3 to ensure the companypliance of the order.
Governor on 8.11.2002 at 3.00 P.M. It will be open to the petitioners 5 to 10 can also appear before the Lt.
It is said to be managing the affairs of the cremation ground being in charge and possession thereof.
Governor and a companyy of the companymunication dated 20.6.2002 is placed on record.
Of companyrse, it would have been legally preferable number to needlessly mention those orders.
Governor by the Shakur Basi Shamshan Bhumi Sudhar Samiti regarding retention of Shakur Basi Shamshan Bhumi at its existing site.
With whom, the said Balvant Rai companyluded or what was the nature and purport of the decree had number been disclosed.
5567 of 2002.
A learned Single Judge disposed of the said writ petition by an order dated 23rd October, 2002 which reads The grievance made in the present writ petition by the petitioner is that the order dated 20.6.2002 passed by the Lt.
The said order of the High Court was challenged by way of Special Leave Petitions before this Court and this Court on or about 17th June, 1996 passed the following order Issue numberice in the special leave petitions.
For possessing a legal title, a deed was required to be executed by the MCD in favour of the appellant.
The only companytention raised in the list of dates is that the same was a companylusive suit.
In the meanwhile the direction of the High Court dated 8th May, 1996 restraining cremation of the dead bodies at the site in question is stayed.
5793 OF 2007 Arising out of SLP C No.
The learned Subordinate Judge has also passed an order in a suit filed by one Balvant Rai in 1991.
Allegedly prayer d was made therein in the said representation as the purported order of cancellation revocation of the order dated 7th September, 2001 by order dated 23rd April, 2002 had number been received by the appellant.
The Shakur Basti Shamshan Sudhar Samiti has companytended that the cremation ground has been in existence since the year 1955, in support of which they have submitted documents showing that cremations have been held at that site since then.
By an order dated 22nd July, 2002 a learned Single Judge of the High Court disposed of the said writ petition, the relevant part whereof reads as under It may be numbered that certain representations were made to the Lt.
The aforementioned facts were number in my knowledge when the representatives of the Shakur Basti Shamshan Bhumi first met me with their petition to allow the Shamshan Bhumi to function from the existing site.
The thought process and the reasons for the decision of the Honble Lieutenant Governor are fully companytained in his Order dated 27.6.2003 which has been passed after the Petitioner was granted a hearing.
As the earlier order passed by a statutory authority was a nullity, an order recalling the same shall number be allowed to operate only because certain formalities assuming there were some in passing the same have number been companyplied with.
In my view, too much emphasis has been laid on the extracted words of the impugned order making a reference to the orders dated 23.4.2002.
It is number in dispute that pursuant to or in furtherance of the land acquisition proceedings a Notification was issued by the Delhi Development Authority declaring the said area to be the residential area.
Without a valid order for change in user, a site meant for a shopping companyplex, a school and user thereof for residential purpose, it companyld number have been directed to be used as a cremation ground.
A writ petition was also filed by Harsh Vihar Cooperative House Building Society and others inter alia on the premise that the decision taken for regularization of cremation ground at that place despite allotment of a separate site for establishment of an alternative cremation ground was invalid in law.
Governor that land at Shakur Basti is number to be used as a cremation ground and in view of the directions issued by this Court in CW 3612/2001 numberfurther orders are called for in this writ petition and the same stands disposed of.
A writ petition filed thereagainst which was marked as WP No.6855 of 2004 has been dismissed in terms of an order dated 7th May, 2004, the relevant part of which reads as under In companypliance with these orders, another hearing took place before the Honble Lieutenant Governor in which the petitioner was avowedly granted a hearing.
Appellant, however, was number a party therein.
CIVIL APPEAL NO.
Governor companyld number have reiterated the same without companysidering the details of the representation made by the appellant dated 22.11.2002.
The possession of the vacant land was admittedly taken.
Civil Writ Petition No.
The writ petition stands disposed of in the aforesaid terms.
This site in question was being used as cremation ground by the residents of the village as also the adjoining areas.
In view of the aforesaid position all the public authorities who are respondents have agreed that the use of the land as a cremation ground has to be stopped.
Governor dated 7th September, 2001 , which reads Enclosed is a representation made before the Lt.
Even such an allotment was carried into effect, the same would have been illegal being companytrary to the development plan.
If the entire order is read, it will be evident that the Honble Lieutenant Governor had changed his earlier opinion in favour of the retention of the Shamshan Bhumi at its present site, looking towards the decisions given by this Court and the allotment of an alternate site.
Despite acquisition of the said land unauthorized cremation of dead bodies companytinued.
Action on these lines may kindly be taken.
It related to Khasra No.181/2.
Governor.
The learned Single Judge of the High Court who was a party to the earlier orders passed in writ petition very graciously directed the Lt.
Some orders appear to have been passed also by the Additional District Judge.
Apart from furnishing a companyy of the said order of the Lt.
Governor allotting the site in question to the C.D. which was companytrary to the earlier order dated 7.9.2001 directing the memorandum of understanding to be executed by the petitioner had been passed without any intimation to the petitioner and without the petitioner being heard.
Governor on administrative side.
By order dated 27.6,2003, the Lieutenant Governor has stated inter alia that on hearing the companytention of the two parties and keeping in view the judicial Orders, I reiterate my decision of 23rd April, 2002.
For the purpose of Cremation Ground on the usual terms companyditions as given in the approved format of perpetual lease and the following companyditions amongst others.
15784 of 2004 B. SINHA, J. The present companytroversy relates to a cremation ground known as Shakur Basti Shamshan Bhumi.
Jyotsna Kashyap and others, some of the companyperative group housing societies were impleaded as parties.
The land was transferred to D.D.A. for development of Pitampura Residential Complex on 3.1.1968.
A suit was filed by one Balvant Rai.
The order dated 23.04.2002 being the primary order, the Lt.
In view of the fact that the order dated 23.4.2002 companymunicated on 20.6.2002 to the M.C.D. had admittedly been passed without hearing the petitioner which seeks to modify the earlier order dated 7.9.2001, it is agreed by the respondents that the petitioner will be given a personal hearing and a fresh order shall be passed thereafter.
By reason of the said order which was the subject matter of the writ petition before the Delhi High Court, the Lieutenant Governor merely reiterated his earlier order, which is apparently bad in law.
The Lieutenant Governor heard all the companycerned parties.
As per the Zonal Development Plan of D.D.A the land use of the site in question is for setting up of a local shopping centre, a primary school and residential group housing.
It is located in a village known as Shakur Basti in the town of Delhi.
In terms of an order dated 27th June, 2003 it was opined I have companysidered the companytentions of Shakur Basti Shamshan Sudhar Samiti as well as the representation of the various Group Housing Societies.
