Case Note & Summary
The appellant, Shri Rama Shanu Naik Dessai, filed an appeal against an order of the trial court refusing to grant an injunction to restrain the construction of a crematorium near his residential property in Cuncolim, Goa. The appellant contended that the crematorium would cause pollution and nuisance, violating his right to life under Article 21 of the Constitution of India. The respondents, including the Goa State Urban Development Agency, the Government of Goa, the construction company, the Cuncolim Municipal Council, and the Crematorium Committee, argued that all necessary approvals, including environmental clearance, had been obtained. The High Court of Bombay at Goa, presided over by Justice Nutan D. Sardessai, heard the appeal and dismissed it. The court held that the right to life under Article 21 does not include an absolute right to be free from any inconvenience caused by lawful activities. The court noted that the crematorium was a public utility and that the appellant had not demonstrated any irreparable injury. The balance of convenience was in favor of the respondents. The court also observed that the environmental clearance had been obtained after considering objections, and there was no violation of any statutory provisions. The appeal was dismissed with no order as to costs.
Headnote
A) Right to Life - Article 21 of the Constitution of India - Environmental Clearance - The appellant contended that construction of a crematorium near his residence violated his right to life under Article 21. The court held that the right to life does not include an absolute right to be free from any inconvenience caused by lawful activities, especially when the project has obtained all statutory approvals and environmental clearance. (Paras 10-15) B) Injunction - Balance of Convenience - Specific Relief Act, 1963, Section 38 - The appellant sought an injunction to restrain construction of a crematorium. The court held that the balance of convenience was in favor of the respondents as the crematorium was a public utility and the appellant had not demonstrated any irreparable injury. (Paras 16-20) C) Environmental Law - Environmental Clearance - The court noted that the project had obtained environmental clearance from the competent authority and that the appellant's objections were considered during the clearance process. The court declined to interfere with the construction. (Paras 21-25)
Issue of Consideration
Whether the construction of a crematorium near the appellant's residential property violates his right to life under Article 21 of the Constitution of India and whether the impugned order of the trial court refusing injunction was correct.
Final Decision
Appeal dismissed. No order as to costs.
Law Points
- Right to life under Article 21 of the Constitution of India does not include an absolute right to be free from any inconvenience caused by lawful activities
- Environmental clearance and statutory approvals are sufficient to justify construction of a crematorium near residential area
- No requirement of prior consent of residents for construction of a crematorium
- The principle of balance between development and environment must be considered
