Item No.14
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.81 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal is directed against an interim order dated
01.02.2021 passed by the learned Single Judge on a stay application
moved by the appellants/writ petitioners in W.P.No.213 of 2021
praying inter alia that the respondent/civic authority be restrained
from carrying on the construction of a crematorium in an area measuring Acs.6.20 guntas in Survey No.34 of Fathullaguda Village, Nagole, Uppal Mandal, Medchal-Malkajgiri District, pending disposal of the writ petition.
2. By the interim order, the learned Single Judge has dismissed the stay application moved by the appellants/writ petitioners by observing that they have not placed any data before the Court of any inconvenience caused to the residents living in the vicinity due to the construction of the cremation ground, that the balance of convenience is not in favour of the appellants/writ petitioners and that public interest should outweigh private interest.
3. It has been stated by learned counsel for the respondent No.2/GHMC and the respondent No.3/HMDA that 90% of the work at W.A.No.81 of 2021 Page 1 of 2 the site stands completed. However, the cremation ground is still not operational.
4. On enquiring from learned counsel for the parties as to the status of the writ petition, we are informed that pleadings are complete, though no actual date of hearing has been fixed thereafter.
5. In view of the fact that the writ petition is still pending adjudication and the order assailed in the present appeal is only interim in nature, the present appeal is disposed of along with the pending applications, if any, with a request to the learned Single Judge to fix the matter for final hearing on a convenient date. The parties shall appear before the learned Single Judge on 25.03.2021, for a date to be fixed.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 15.03.2021 JSU/pln W.A.No.81 of 2021 Page 2 of 2