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New cremation ground is being constructed
16-Dec-2024 (In Civil Law)
I own a resort. New cremation ground is being constructed at / near my boundary? Can I stop it legally and take objection as it will disturb my guest, smoke, smell, etc...
Stopping this may be challenging, firstly you should check with local council for zoning restriction to see if this is allowed. In regards to smoke, smell and guest disturbance we will have to evaluate your eligibility for stay order under constitutional grounds or public nuisance.
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Adv. Zubin Kalchuri
Ahmednagar | 25+ Answers
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You can file a Formal Objection to the relevant Municipal Authority, you can further also resort to file a Writ Petition in the High Court under Article 226 for Nuisance and Land use violations additionally you can also legally object to the construction by using Principle of Easement as the cremation ground may interfere with your Right to Enjoy your Property peacefully and can also adversely impact the functioning of your resort.
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Adv. Ranabir Datta
Pune | 100+ Answers
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Well, you can take an objection by filing a Writ Petition in the concerned High Court under Article 226 of the Indian Constitution, considering, if Cremation Ground gets constructed nearby to the boundary of your Resort, it will hit your business and people may not choose to visit your Resort, which will affect quality of Business, which will affect your lifestyle, your survival, which falls under the Right to life, which is guaranteed under Article 21 of the Indian Constitution.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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