Disposed

Munirka Village Resident Welfare Association (Regd.) v. Union of India and Ors.

Delhi HC15 Sept 2017W.P.(C)/3131/2016

Case brief

AI extract

What is this about?

A public interest writ petition sought infrastructure for cremation grounds. The Court noted the respondent's performance under Section 42 of the Delhi Municipal Corporation Act, 1957. A challenge to the constitutionality of Section 391 was dismissed for lack of particulars before disposing of the writ petition.

What did the court decide?

The writ petition is disposed of without granting specific directions or quashing the challenged section.

Munirka Village Resident Welfare Association… — Public Procurement and Tenders | Delhi HC (2017)

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$~7

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C)No.3131/2016

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% Date of decision : 15^th September, 2017

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MUNIRKA VILLAGE RESIDENT WELFARE ASSOCIATION (REGD.) ..... Petitioner Through : Mr. Aman Mudgal for Mr. N.S. Dalal, Adv.

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versus

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UNION OF INDIA AND ORS ..... Respondents Through : Mr. Rakesh Kumar, CGSC for R-1/UOI Ms. Mansi Gupta, Adv. for R- 2/SDMC Mr. Dhanesh Relhan, Ms. Akshita Manocha and Ms. Gauri Chaturvedi, Advs. for R- DDA

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CORAM:

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HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

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JUDGMENT (ORAL)

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GITA MITTAL, ACTING CHIEF JUSTICE

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The instant writ petition has been filed by an association of the Residents of the Munirka Village namely the Munirka Village Resident Welfare Association in public interest, inter alia , seeking a

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W.P.(C)No.3131/2016 Page 1 of 3

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direction to the respondents to provide infrastructure for the upkeep and maintenance of cremation grounds.

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The South Delhi Municipal Corporation impleaded as respondent no.2, has filed a counter affidavit dated 6^th February, 2017 (page 25) stating that it is diligently performing obligatory functions under Section 42 of the Delhi Municipal Corporation Act, 1957 which under sub-section (f) mandates it to regulate places for disposal of the dead. It is submitted that cremations squarely fall under the jurisdiction of the Municipal Corporation under Section 42(f) of the Delhi Municipal Corporation Act, 1957.

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So far as the cremation grounds in the jurisdiction of the South Delhi Municipal Corporation is concerned, the respondent no.2 has filed a list of 40 cremation grounds which are being maintained by the Public Health Department of the SDMC-respondent no.2. In addition, a list of 22 cremation grounds which have been allotted to NonGovernmental Organisations, has been provided. This list includes the details of the NGOs which have been allotted the cremation grounds and are maintaining the same.

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The petitioner has not disputed the statement of facts made by the respondent no.2. It would, therefore appear that the respondent no.2 is complying with the mandate of Section 42(f) of the Municipal Corporation of Delhi Act, 1957.

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We may note that a challenge has been made to Section 391 of the Municipal Corporation of Delhi Act, 1957 without any details or particulars. No basis for the challenge is even laid out. The challenge

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W.P.(C)No.3131/2016 Page 2 of 3

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to the constitutionality of Section 391 of DMC Act, 1957 is, therefore, dismissed.

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This writ petition is disposed of in the above terms.

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ACTING CHIEF JUSTICE

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C.HARI SHANKAR, J

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SEPTEMBER 15, 2017/ kr

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W.P.(C)No.3131/2016 Page 3 of 3

Munirka Village Resident Welfare Association (Regd.) v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Munirka Village Resident Welfare Association (Regd.) v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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