Neutral Citation No. - 2025:AHC:88566 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 907 of 2025 Petitioner :- Ram Chandra Chauhan Respondent :- State of U.P. and others Counsel for Petitioner :- Anurag Mishra Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble J.J. Munir,J. A counter affidavit has been filed by the District Magistrate, Mau, in compliance with our order dated 12.05.2025. In paragraph No. 5 of the affidavit, it is averred : 5. That the contents of paragraph no. 12 and 13 of the writ petition are not admitted, as stated, hence denied. In reply thereto, it is submitted that the complaint/application dated 02.04.2025 submitted by the petitioner, a spot inspection was conducted by the District Panchayati Raj Officer, Mau. Upon inquiry, it was found that the proposed cremation ground located in Village Malerikot, Block Ghosi, did not conform to the prescribed norms at the local level. Accordingly, a show cause notice has been issued to the concerned Assistant Development Officer (Panchayat), Ghosi, Shri Rajesh Tiwari, holding him responsible for submitting an incorrect and misleading report regarding the selection of the said site. He has been directed to furnish a clear and detailed explanation along with relevant supporting evidence, failing which departmental action /disciplinary proceeding shall be initiated against him. Furthermore, the Village Pradhan and the Secretary have been directed not to undertake any construction work at the proposed cremation site. True copy of the order dated 05.04.2025 is being annexed herewith and marked as Annexure-C.A.-1 to this affidavit. As per Government Order dated 02.09.2014, and in view of the directions issued by the Director, Panchayati Raj, U.P., vide Letter dated 05.06.2023, funds were allocated under Grant No. 14 for the financial year 2023-24 for the development of cremation grounds in rural areas. In pursuance thereof, a proposal for development of a cremation ground in Village Malerikot, Block Ghosi, was submitted by the concerned Gram Panchayat. Subsequently, in view of the complaint dated 21.03.2025 submitted by one Ramchandra Chauhan and 30 other local residents regarding the proposed cremation site, a two-member inquiry committee comprising the Sub-Divisional Magistrate, Ghosi, Mau and the Project Director, DRDA, Mau, was constituted vide Order dated 03.04.2025. The committee was tasked with examining the distance of the proposed site from the habitation, its utility, the average number of -2- cremations per year, and the availability of water resources. After conducting a site inspection, the committee submitted its report dated 22.04.2025 with the following key observations: I. The proposed cremation ground is situated on Gata No. 362/-113H, which is recorded as a cremation ground in revenue records. The site lies approximately 60 to 70 meters from the northern and western habitation, and a house exists at a distance of 70 meters on the eastern side. II. The construction of the proposed cremation ground at the site was not found appropriate. III. During interaction with the villagers, it was informed that the average number of deaths is around 1 to 2 per month. IV. There is no water source available at the proposed site. V. The villagers stated that cremations are traditionally conducted at the cremation site located at Doharighat on the banks of river Ghaghara, about 25 km away. The above report confirms that the proposed cremation site lies merely 70 meters away from residential areas, which may impose risks to public health and invite social objections in the future. Such a site should have been selected keeping in view public health concerns, environmental impact, and sentiments of the local community. Additionally, there is no arrangement for water at the site, which is contrary to traditional and religious practices. In view of the above findings, it is evident that the proposed cremation ground is not suitable from environmental, social, and legal standpoints. Therefore, in public interest, the proposal for construction of the cremation ground at Village Malerikot, Block Ghosi, has been cancelled with immediate effect. Accordingly, the complaint submitted by Ramchandra Chauhan and 30 other residents of the Gram Panchayat has been disposed of and resolved through Order dated 06.04.2025 passed by the District Magistrate Mau. True Copy of the order dated 06.04.2025 is being annexed herewith and marked as Annexure-C.A.-2 to this affidavit. Moreover, departmental proceedings have been recommended against the responsible Assistant Development Officer (Panchayat), Ghosi, for submitting a flawed and sub-standard proposal. A charge-sheet has been forwarded to the Director, Panchayati Raj, U.P., Lucknow, through office letter dated 06.05.2025. -3- True Copy of the letter dated 06.05.2025 is being annexed herewith and marked as Annexure-C.A.-3 to this affidavit. 2. In view of the stand taken by the District Magistrate, Mau that the proposed cremation ground at Village Malerikot, Block Ghosi, has been cancelled, being found utterly unsuitable, we record the said stand of the District Magistrate and consign the matter to record with the remark that it will be open to the respondents to construct the cremation ground at some other suitable place in accordance with the prescribed norms as to distance etc. from the abadi. 3. The Registrar (Compliance) is directed to communicate this order to the District Magistrate, Mau through the learned Chief Judicial Magistrate, Mau. Order Date :- 23.5.2025 I. Batabyal (J.J. Munir) Judge Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad