1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4481/2006 Gendalal Ramchandra Khadgi and Ors. ..vs.. The Municipal Commissioner, Nagpur Municipal Corporation and others. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Parchure, Advocate for petitioners. Mr. Puranik, Advocate for respondent No.1. Mr. Mishra, Advocate for respondent No. 2. Mr. Fulzele, A.G.P. for respondent No. 3. CORAM: ANOOP V. MOHTA & C. L. PANGARKAR, JJ. DATED : 24 th July, 2008 1. The petitioners basically objected the illegal construction by respondent No. 1 of cremation ground in the residential area of Hazari Pahad in the bed of nullah, which is a flood prone area and shift the same to a reserved area as shown in Development Plan i.e. Kh. No. 119/1, 171, 175 and Kh. No. 50 at Borgaon. 2. To this, there is an additional affidavit filed by respondent No. 1-Nagpur Municipal Corporation. The relevant paras are reproduced as under:- “5. That it is respectfully submitted that the respondent corporation has forwarded the proposal 2 regarding the shifting of the existing crematorium to some other suitable location to the respondent State Government on 27.06.2008. True copy of the letter sent by the Assistant Director Town Planning, Nagpur to the Principal Secretary, Urban Development Ministry, Mumbai is annexed herewith as ANNEXURE-IV, to this additional affidavit. It is submitted that only after the State Government grants its approval to the proposal of respondent corporation that steps can be initiated to shift the existing crematorium from its present location to the new location. 6. That in view of the above submissions it is respectfully submitted that the grievance of the petitioners has been redressed and the present petition is liable to be dismissed.” 3. In view of this, there is nothing surviving in this petition. However, liberty is granted to the petitioners to move again, if the respondents fail to take steps within a reasonable time. The petition is accordingly disposed of. JUDGE JUDGE kahale