NEW DELHI: The Supreme Court on Thursday asked Sadhguru Jaggi Vasudev's Isha Foundation to explore the possibility of amicably settling a land dispute related to a crematorium it set up on the outskirts of Coimbatore in Tamil Nadu.
A bench of Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi passed the order on a plea filed by a resident of Coimbatore on being aggrieved by the crematorium set up next to his house by the foundation.
"On our suggestion, the parties are agreeable to explore the possibility of an amicable settlement in terms whereof respondent No.13- Isha Foundation will offer a fair and reasonable market price for the petitioner's residential house to enable him to settle down at another place of his choice.
"We earnestly impressed upon the parties to pursue such a possibility and settle their disputes amicably," the bench said.
After advocate Prashant Bhushan, appearing for petitioner SN Subramanian, insisted that a mediator be appointed, the bench ordered, "In this regard, we request Justice B Rajendran, a former judge of the Madras High Court, to provide his services as a mediator between the parties."
The top court asked Bhushan and senior advocate Mukul Rohatgi, appearing for Isha Foundation, to contact Justice B Rajendran by Friday and appear before him according to the schedule fixed.
It posted the matter for further consideration on April 17.
At the outset, Bhushan submitted that according to local rules, there cannot be a crematorium or burial ground near a residential area or water body, unless a licence is given by the gram panchayat.
He argued that the high court, in its impugned order, has interpreted the rule to mean that if the panchayat gives a license to create a crematorium which is at a distance of 90 m, then the said rule will not apply.
Bhushan said the petitioner's house was hardly 10 m away from the crematorium and was in a tribal area where bodies were buried instead of being burned as custom.
He added that the bodies that were being brought for last rites were from Coimbatore city, which was 30 kilometres away.
The CJI, however, pointed out that the issue needs to be looked at from another perspective as due to the foundation's social work, the dead bodies do not remain unattended.
"Burial has become an expensive affair due to the lack of land parcels in urban areas. Charitable institutions like the Isha Foundation were doing some pious work. It's good work also," the CJI told Bhushan.
The bench pointed out that the petitioner has himself sold the land to the Foundation, and now he cannot dictate the terms.
"After selling your land to them, you can only claim that you sold for lawful activity, but you cannot dictate terms to them. Let them find a suitable place for you and compensate you so that you can have better living conditions," said the CJI.
Rohatgi, on other hand contended that the petitioner, after selling a part of the land in question to them, was now filing a petition.
The CJI then asked the parties to explore the possibility of compensating the petitioner for the present house and relocating him elsewhere.
Justice Bagchi also remarked that in several other cities like Kolkata and Varanasi, the houses and burning grounds are placed at a distance of cheek to jaw and people are living there.