Namdev Dagdu Lawande And Others v. The Secretary Revenue And Forest Department And Others

1 wp 6808.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6808 OF 2023 Namdev Dagdu Lawande and others .. Petitioners

Versus

The Secretary, Revenue and Forest Department and others .. Respondents Shri Datta A. Madke, Advocate for the Petitioners. Shri V. M. Kagne, A.G.P. for the Respondent Nos. 1 to 6. CORAM :

RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE :

27TH JUNE, 2023.

PER COURT :

1.

The petitioners are before us with the grievance that some of the residents of their village are cremating bodies in the agricultural field of the petitioners. By an order dated 26.08.2016 passed by the concerned revenue authorities, 0.21R land in gut No. 114 has been earmarked for the purpose of a crematorium.

2.

The learned Assistant Government Pleader submits on instructions from respondent No. 5 that nobody is permitted to cremate a body in the agricultural field of the petitioners. The land earmarked for the purpose is available and can be used. If the petitioners face any such incident in future they are at

2 wp 6808.23 liberty to approach the concerned Talathi and pray for adequate protection which would be extended.

3.

We would advice the District Collector, Aurangabad to initiate steps by following due procedure laid down in law for erecting a tin shed as is normally erected, for the purpose of a crematorium. Other facilities like installing a water connection to a crematorium and tank for storing water and all such amenities as are normally required in the crematorium, be provided. We expect such project to be completed within a period of six (06) months from today.

4.

In view of the above, this petition is disposed off. [ Y. G. KHOBRAGADE, J.] [ RAVINDRA V. GHUGE, J.] bsb/June 23