Page 1 of 10

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7614 OF 2022

South Delhi Municipal Corporation ...Appellant(s)

Versus

Federation of Residents Welfare Association, ...Respondent(s)

Vasant Kunj (Regd.) and Ors.

J U D G M E N T

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned

judgment and order dated 06.12.2016 passed by the High

Court of Delhi at New Delhi in C.M. No. 34439/2016 in

Writ Petition No. 3687/1995, by which, the Division Bench

of the High Court has dismissed the said application

preferred by the South Delhi Municipal Corporation

(hereinafter referred to as the Municipal Corporation) and

has refused to modify the earlier order dated 03.12.2003

passed by the High Court in Writ Petition No. 3687/1995,

1

Page 2 of 10

the Municipal Corporation has preferred the present

appeal.

2. That the dispute is with respect to the cremation ground at

Masoodpur, New Delhi which as such is in existence since

last more than 100 years and the same is for the benefit of

village people of village Masoodpur, New Delhi. That the

original writ petitioner – Residents Welfare Association,

Vasant Kunj approached the High Court by way of Writ

Petition No. 3687/1995 for appropriate orders inter­alia

not to permit the use of land in question as cremation

ground. It was the case on behalf of the original writ

petitioner that Delhi Development Authority (DDA) has

already provided cremation ground at other place in the

same area. Taking into consideration communication dated

27.12.1990 by DDA calling upon the Municipal Authorities

to issue notification for closure of cremation ground at

Masoodpur Village and for shifting it to enlarge cremation

ground at Kishangarh Village and taking note of the

provisions of the Delhi Municipal Corporation Act, 1957

(hereinafter referred to as the Act, 1957), more particularly,

Sections 390 and 391 of the Act, 1957, and observing that

2

Page 3 of 10

it was for the Standing Committee of the Municipal

Corporation to take an appropriate decision, the High

Court while disposing of the aforesaid writ petition directed

the Municipal Corporation to take an appropriate decision

under Section 391 of the Act, 1957. The Division Bench of

the High Court also directed that the Municipal

Corporation shall take possession of the land offered at

Kishangarh and shall make all necessary arrangements to

use the same as a crematorium. That thereafter, pursuant

to the directions issued by the High Court in order dated

03.12.2003 in Writ Petition No. 3687/1995, the Standing

Committee in exercise of powers under Section 391 of the

Act, 1957 had taken a conscious decision not to close the

crematorium at Masoodpur Village, by observing that it is

not in the public interest to close the crematorium at

Masoodpur Village and that the crematorium at Masoodpur

Village is being used for the village since long. That

thereafter, the Municipal Corporation filed the present

application before the High Court for modification of order

dated 03.12.2003 passed in Writ Petition No. 3687/1995.

By the impugned order the High Court dismissed the said

3