HC directs North DMC to have 2 cremation platforms at Nithari by Saturday

"All other materials and facilities which are requisite for performance of cremations, such as provision of wood, water, additional shed, toilets, etc shall be ensured by the North DMC so that cremations can be carried out from Sunday, May 14, onwards," the court said in its order of June 10. The court was hearing a plea by the village residents challenging the corporation's move to demolish the existing cremation platforms and build 12 new sheds for the same.

The Delhi High Court has given the North Delhi Municipal Corporation time till Saturday to operationalise at least two cremation platforms in Nithari village here, saying more such infrastructure is "needed urgently". Justice Najmi Waziri said the North DMC on May 26 was granted more than a week's time to put in place the cremation facility as it had demolished the infrastructure that existed earlier for building 12 new sheds to cremate the dead.

"At request, it (North DMC) is granted further time till Saturday, June 13, to operationalise, at least, two cremation platforms. "All other materials and facilities which are requisite for performance of cremations, such as provision of wood, water, additional shed, toilets, etc shall be ensured by the North DMC so that cremations can be carried out from Sunday, May 14, onwards," the court said in its order of June 10.

The court was hearing a plea by the village residents challenging the corporation's move to demolish the existing cremation platforms and build 12 new sheds for the same. The villagers have contended that the corporation does not have the power to enter the gram sabha land and carry out such activity.

The June 10 order came after perusing the North DMC affidavit in the matter wherein it had placed before the court photographs of the temporary cremation facility it had set up in the village. The court said the platforms constructed by the corporation were "evidently incomplete and rudimentary".

It said that there was no provision for protection from the elements, like rain and sun, for even the minimum number of persons who would be allowed to attend a cremation in the prevailing situation. The court said that the two sheds set up by the corporation would have to be fairly large and observed that the North DMC has not complied with its previous order of May 26 in letter and spirit.

"Therefore, the corporation shall forthwith take corrective measures to install appropriate sheds near the cremation platforms, keeping in mind requisite health and safety parameters. "Furthermore, the said (shed) cover shall be of a height so that the pyre smoke can escape naturally without causing inconvenience to those attending the cremation," the court said.

It further asked North DMC to consider installation of appropriate exhaust system/fan. The court directed the corporation to file an affidavit with photographs indicating compliance of its orders before the next date of hearing on June 16.

The court also noted, in its order, the submission of Delhi government additional standing counsel Naushad Ahmed Khan that there is acute shortage of crematoria, especially in view of the increase of mortality due to the COVID-19 pandemic. Khan also told the court that the availability of at least minimum two cremation platforms was imperative and the same should be immediately put in place and operationalised by the corporation.

Taking note of the submission, the court said, "Surely, more cremation infrastructure is needed urgently." PTI HMP SKV SA.