Supreme Court Asks Isha Foundation To Explore Settlement In Coimbatore Crematorium Land Dispute

The Supreme Court today asked the Isha Foundation to explore the possibility of amicably settling a land dispute in relation to the Foundation's Kayantha Sthanam (Crematorium) created on the outskirts of Coimbatore.

The bench CJI Surya Kant and Justices Joymalya Bagchi, Vipul Pancholi was hearing a plea filed by a resident of Coimbatore who is aggrieved by the creation of a crematorium next to his house by the Foundation.

At the outset, Advocate Prashant Bhushan, appearing for the petitioner, submitted that as per the local rules, there cannot be a crematorium or burial ground near a place of dwelling or water body, unless a license is given by the Gram Panchayat.

Bhushan argued that the High Court, in its impugned order, has interpreted the rule to mean that if the panchayat gives a license to create a crematorium which is at a distance of 90 Meters, then the above rule will not apply. In the present case, the house was merely 10 meters away, he contended.

"It is creating a huge nuisance; every day, bodies are now being burned there, for the last couple of weeks," Bhushan said.

He added that the petitioner's house was in a tribal area where bodies were buried instead of being burned as custom. He submitted that the bodies that were being brought for last rites were from the main city in Coimbatore, which is 30 Kms away.

The CJI, however, pointed out the need to look at the other side of the issue - because of the foundation's social work, the dead bodies do not remain unattended.

Sr Advocate Mukul Rohatgi, appearing for the Foundation, submitted that the petitioner had sold a part of the land to them and is now filing a petition.

On being inquired by the bench, Bhushan agreed that the land was sold, but not for the purpose of building a crematorium.

The CJI then asked the parties to explore the possibility of compensating the petitioner for the present house and relocating him elsewhere.

"You can find out a suitable place, and we will persuade them to compensate you, so that you have better living conditions," CJI said.

Justice Bagchi also remarked that in several other cities like Kashi and even his hometown in Kolkata, the houses and burning grounds are placed cheek to cheek, but in Delhi, the town planning is better.

The bench proceeded to record that the parties have agreed to mutually explore a settlement to the issue.

"On our suggestion, the parties have agreed to explore the possibility of the settlement in terms thereof. Respondent no.2 - Foundation would offer a fair and reasonable market price for the residential house of the petitioner, so as to enable him to settle down in another place of his choice. We earnestly impress upon the parties to explore such a possibility and settle their dispute amicably."

Case Details : S. N. SUBRAMANIAN Versus THE DISTRICT COLLECTOR CUM INSPECTOR AND ORS.| SLP(C) No. 5840/2026