Isha Foundation doing pious work: Supreme Court orders mediation to settle row over crematorium

The Supreme Court on Thursday called for an amicable settlement of a dispute between an individual home owner in Coimbatore and spiritual organisation Isha Foundation over the latter's decision to set up a crematorium near his house..A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi requested retired Madras High Court judge, Justice Rajendran to mediate the dispute. "We request Justice Raveendran to provide his services as a mediator in the case. Let both parties consult him by tomorrow and let the fee schedule be prepared by the mediator," the Court ordered. It also opined that Isha Foundation is doing pious work and the affected neighbour could be given alternative land and compensation."Burial has become an expensive affair. Isha Foundation is not a religious service. They are doing some pious work. It's a good work also. Did you sell this land to them? You can only claim that you sold for lawful activity, but you cannot dictate it to them (what they should or should not do). Let them find a suitable place for you and compensate you so that you have better living conditions," said CJI Kant..The dispute pertains to the establishment of a crematorium near the Isha Foundation's Yoga Center in Coimbatore, on a land which it acquired from the appellant. The counsel representing nearby resident today told the Court that the stench from the burning bodies was making it difficult for them.The resident had earlier approached the Madras High Court in the matter, contending that the crematorium violates a 90-meter rule under the Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999.The High Court, however, dismissed their plea last month, prompting them to approach the top court."The community that stays there... do not burn but bury bodies. Now Isha Foundation is saying, come to this land, burn body and attain moksha. They are bringing the bodies from Coimbatore and burning it here. They (petitioners) are local tribals," Advocate Prashant Bhushan, representing the local residents, told the Court.The Bench, however, questioned whether the residents can insist on restraining such cremation activities. It suggested that the residents could be compensated or given alternate accommodation so that their living conditions are not affected."This (crematorium) was done to stop the unregulated cremation of bodies," added Justice Bagchi."This violates my fundamental right with the stench coming always," protested advocate Bhushan..Isha Foundation is not a religious service. They are doing some pious work. It's a good work also.CJI Surya Kant.The Bench, however, persuaded the parties to explore whether they can amicably settle the matter out of court."On our suggestion, the parties are agreeable to explore a possibility of an amicable solution, so that compensation can be paid to purchase a residential house at another place of his choice. We urge the parties to settle their dispute amicably," the Court recorded in its order..The formal order uploaded reads as: "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 so as 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.".Senior Advocates Mukul Rohatgi, K Parameshwar, Balaji Srinivasan, and Advocate K Gowtham Kumar appeared for Isha Foundation. .[Read Order].[Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.