RAMDAS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ram Das Ji, the petitioner in person; learned Standing Counsel for the State of U.P., Sri M.M.D. Agarwal for U.P. Jal Nigam, and Vashistha Tiwari for Vrindavan Vikas Samiti, respondent No. 4.

(2.) This writ petition, filed in public interest, seeks for directions to restrain respondents from construction of a crematorium (Shavdah Grih) at Sri Banshibat place by the side of Vrindavan Panchkoshi Parikrama Marg on plot No. 514 on the banks of Holy river Yamuna, in village-Dungoli, Tehsil-Mant, District-Mathura. The petitioner claims to be the disciple of Sri Purushottam Das Ji Maharaj 'and a resident of 'Hari Om Namah Shivay Ashram' at Vanshivat, Vrindavan, District-Mathura. He has filed this petition, stating that Vrindavan, a place of Ras-Lila of Lord Krishna has its religious importance amongst the Hindus. The Vrindavan is the actual place of Ras-Lila of Lord Krishna and is famous throughout the world. The pilgrims do parikrama on their feet, as well as by crawling on the parikrama marg. Crores of people come here to do parikrama as well as to worship Lord Krishna. The Yamuna Pollution Control Unit of U.P. Jal Nigam, taking care of the pollution of river Yamuna has proposed to construct a crematorium on plot No. 514 at village Dangoli, Tehsil-Mant, District-Mathura, and has constructed four platforms in the year 1995 which were never used. They have started construction of raising a boundary wall and three rooms. There are religious institutions, as well as dense residential colony around the place. The petitioner has objections to the selection 01' site and construction of crematorium at Vanshivat and claims to be representing the entire Hindu community. In substance the objections are that there are religious sentiments attached to the place. It will cause disturbance to the residents and pilgrims walking on the parikrama marg adjacent to the proposed construction.

(3.) On 8.1.2002 after hearing the petitioner in person and the counsel for Jal Nigam and U.P. Pollution Control Board, a direction was issued to publish a public notice in newspaper having circulation at Vrindavan by 22.1.2002, inviting views and comments on the issues involved in the writ petition. The public notice was published in 'Dainik Amar Ujala' on 21.1.2002. In response to this notice an impleadment application was filed by 'Vrindavan Vikas Samiti' which has established the Golok Dham Sav Dah Grih Nirman Yojana. The District Administration allotted five acres of land to the Society on the plot and that the State Government has given aid for the construction to be made under the supervision of U.P. Jal Nigam and U.P. Pollution Control Board with its regional office at Mathura.