• Crematorium area extension near to residential area

I wanted a legal opinion on applying a Stay on the proceedings of Crematorium area extension. I am Prabakar M from a Village called Gajulapalli in Chittoor District. Our village has both upper caste and lower caste people and crematorium ground is separate for both . I am not a strong believer of caste and not against anyone. Now the lower caste people are asking for crematorium area extension. Crematorium area boundaries have our patta land and also parumboke land. Now they applied to Chittoor Collector to allot the entire parumboke area of 35-40 Cents for them for crematorium. We don't have any issues in government allotting the land but the extension area they are asking is very close to residential area and houses are within 50 feet. And also the area is behind the main road itself through which all villagers pass-by. Government is yet to allot the land but they are already cleaning the area to cremate the bodies with fire and is open area too. If they start the crematorium in the extended land they are asking for then it's like coming inside the village where all the residential houses are within reach and exposed to pollution created from the bodies cremated in fire. I wanted a legal opinion whether we can go for staying the proceedings in the Andhra Pradesh High court.
Asked 9 months ago in Property Law
Religion: Hindu

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7 Answers

You can report the matter of DM if are. You can also file suit for injunction and can also file WRIT as the act is encroachment, ingress. 

Siddharth Srivastava
Advocate, Delhi
1252 Answers

5.0 on 5.0

If you feel that the proposed extension of the crematorium is likely to pollute the residential area as well as the atmosphere, you may gather the like minded people and submit an application to the District collector to not to consider acquisition of land for this purpose  and not to allot the land. 

If the district collector is not accepting the request you may file a PIL before the high court for the same reason and look for remedy through high court.

But please remember that they are asking for an extension of the existing crematorium hence it is not a new place for the purpose, therefore the demand or request has to be convincingly  justified. 

T Kalaiselvan
Advocate, Vellore
85133 Answers
2218 Consultations

5.0 on 5.0

You need to immediately approach civil court for seeking urgent relief of stay in the aame

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

As and when an order is passed for extension of area of cremation ground you are at liberty to challenge said order 

 

you can raise the plea that cremation ground is 59 feet from residential flats and cause of pollution for the residents 

Ajay Sethi
Advocate, Mumbai
94933 Answers
7575 Consultations

5.0 on 5.0

If an order is passed to extend the area of the cremation ground, you have the right to challenge that order. You can argue that the cremation ground is only 59 feet from residential flats and that it is causing pollution to the residents.


Dear Client,

 

Gather Evidence: Collect evidence that supports your concerns about the proposed crematorium extension. This might include photographs, documents, and any information related to pollution or health risks.

 

Local Authorities: Engage with local authorities, such as the municipal council or relevant government department, to voice your concerns and present your evidence. They might take your concerns into consideration during the decision-making process.

 

High Court: If you believe that your concerns are not being adequately addressed at the local level, you might seek legal action in the Andhra Pradesh High Court.


Dear Client,

 

If an order is passed to extend the area of the cremation ground, you have the right to challenge that order. You can argue that the cremation ground is only 59 feet from residential flats and that it is causing pollution to the residents.

 

Gather Evidence: Collect evidence that supports your concerns about the proposed crematorium extension. This might include photographs, documents, and any information related to pollution or health risks.

 

Local Authorities: Engage with local authorities, such as the municipal council or relevant government department, to voice your concerns and present your evidence. They might take your concerns into consideration during the decision-making process.

 

High Court: If you believe that your concerns are not being adequately addressed at the local level, you might seek legal action in the Andhra Pradesh High Court.


Dear Client,

If an order is passed to extend the area of the cremation ground, you have the right to challenge that order. You can argue that the cremation ground is only 59 feet from residential flats and that it is causing pollution to the residents.

 

Gather Evidence: Collect evidence that supports your concerns about the proposed crematorium extension. This might include photographs, documents, and any information related to pollution or health risks.

 

Local Authorities: Engage with local authorities, such as the municipal council or relevant government department, to voice your concerns and present your evidence. They might take your concerns into consideration during the decision-making process.

 

High Court: If you believe that your concerns are not being adequately addressed at the local level, you might seek legal action in the Andhra Pradesh High Court.

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

I understand your concern. It’s a complex issue involving both social and legal aspects. 

The Constitution of India guarantees the Right to Life, which includes the right to a pollution-free environment. This right has been extended to include the right against pollution from crematoriums. You can approach the Andhra Pradesh High Court to apply for a stay order on the proceedings of the crematorium area extension. The process generally involves approaching the court with proper documents and evidence supporting your claim. The environmental impact of crematoriums, especially those close to residential areas, is a valid concern5. The pollution from crematoriums can affect the quality of life for nearby residents. If you believe that the extension of the crematorium area poses a threat to the residential environment, you can also file a complaint with local authorities.

Sukumar Jadhav
Advocate, Mumbai
33 Answers

Not rated

First write to collector as without allotment its kind of encroachment and criminal act.

If collector do not issue restrain order than approach HC.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

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