IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 58 (PIL) of 2009 Arjun Jain and another. ………Petitioners. V e r s u s State of Uttarakhand and others. ……..Respondents. Mr. Mamta Joshi and Mr. D. Barthwal, Advocate for the petitioners. Mr. J.P. Joshi, Chief Standing Counsel for State of Uttarakhand. Mr. S.S. Chauhan, Advocate for respondent no. 2. Mr. D.S. Patni, Advocate for respondent no. 4. Coram: Hon’ble V.K. Gupta, C.J. Hon’ble V.K. Bist, J. V.K. Gupta, C.J. (Oral) Affidavit has been filed by Sri Anup Wadhawan, Secretary, Urban Development. Along with affidavit various documents have been annexed which show inter- alia the following:- (i). A Committee was constituted in a meeting held on 26.06.2009 to examine the issue relating to the shifting or non shifting of the Mortuary from its present location. The Committee comprised of the following: (i) District Magistrate, Dehradun; (ii) Vice Chairman, MDDA, Dehradun; (iii) Senior Superintendent of Police, Dehradun; (iv) Mukhya Nagar Adhikari, Municipal Corporation, Dehradun; (v) Chief Medical Officer, Dehradun – Member Secretary. (ii). This Committee recommended that the Mortuary from its present location be shifted to a place in Village – Brahamanwala. The land where Mortuary has to be shifted presently already stands allotted for the construction of a Sewerage Treatment Plant but the land is so large in size surplus that a portion of it can be earmarked, separated for the construction of the Mortuary. (iii). Accordingly, in the meeting held on 01.07.2009 a decision in principal was taken to shift the Mortuary from its present location to Village – Brahamanwala over a part of the land already allotted for construction of the Sewerage Treatment Plant. (iv). Accordingly, Secretary, Urban Development has sent a communication to Secretary, Pey Jal on 06.07.2009 for making available a part of the aforesaid land to Urban Development Department for construction of the new Mortuary at that location. We direct Secretary, Urban Development and Secretary, Pey Jal to ensure that in coordination with each other, the entire process and exercise relating to transfer of land for construction of Mortuary at Brahamanwala is completed and a time schedule is drawn up with respect to the following: (i). The latest time frame within which the Mortuary shall be closed at its present location. (ii). The latest time frame within which the construction of the new Mortuary / Post Mortem House shall be completed in its new location. Affidavit of compliance shall be filed before the next date. List on 06.08.2009. (V.K. Bist, J.) (V.K. Gupta, C.J.) 09.07.2009 SKS