SANGLI CITY MUNICIPAL COUNCIL Vs. SHESHYAPPA BALA BOLAJ

JUDGEMENT

(1.) The above Second Appeal arises out of a suit on behalf of the Lingayat Veershaiva Samaj of the Sangli Town, and raises an important question as to whether the Sangli City Municipality could be permanently restrained from constructing a road measuring 20 x 300 feet within the limits of the suit burial land, bearing R. S. No. 564, on its southern boundary, in exercise of its powers under the law under which it was constituted.

(2.) The suit was instituted by the two plaintiffs belonging to the Lingayat Community of Sangli City, under Order 1, Rule 8 of the Code of Civil Procedure, 1908. It is not disputed that the Lingayat Samaj or Veershaiva Samaj was using the suit burial ground bearing R. S. No. 564, situated at Sangli. The land is entered in the record of rights as a burial ground (Masanvati). It is also not disputed that in the said burial ground Lingayat Community of Sangli bury the corpses of the dead members of the community and perform the funeral rites. There are also tombs and high mounds over the burial ground in which the corpses have been previously buried.

(3.) According to the Plaintiffs, the Sangli City Municipality was not, in any way, concerned with the suit burial ground. There is another burial ground in Survey No. 20 to the South of the suit burial ground within the limits of the Haripur village. The Municipality acquired the land R. S. No. 565 to the west of the suit burial ground, and wants to allow it to be used as a cremation ground for all Hindus other than the Lingayat Samaj. The said cremation ground of R. S. No. 564 is on the bank of the river Krishna; to its East, is the land R. S. No. 562 and beyond that, is the road going from Sangli to Haripur village.