CWP/18070/2025 of DAYANAND MATH CHAMBA AND ANOTHER Vs THE STATE OF HP AND OTHERS on 10 September 2026

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18070 of 2025

Date of Decision: 10.09.2026 _____________________________________________________________________ Dayanand Math, Chamba & Anr.

……...Petitioners

Versus

State of Himachal Pradesh & Ors.

…....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Ishan Sharma, Advocate.

For the respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondents no.1 to 4- State.

Mr. Adarsh K. Vashista, Advocate, for respondent No.5, though proceeded ex-parte vide order dated 09.12.2025.

Mr. Anuj Gupta, Advocate, for respondent No.6.

Ms. Rakhi Kaushal, Senior Executive Officer, MC Chamba, present (through Video Conferencing). ___________________________________________________________________________

Sandeep Sharma, J. (Oral)

While placing on record communication dated 22.08.2026, issued under the signatures of Deputy Commissioner, Chamba, District Chamba, Himachal Pradesh, Mr. Ravi Chauhan, learned Deputy Advocate General, states that order dated 18.8.2026 stands duly complied with.

2. Careful perusal of aforesaid communication, which is taken on record, clearly reveals that Deputy Commissioner, Chamba, District Chamba, has been apprised by Senior Executive Officer, Municipal Council, Chamba, that newly constructed cremation ground structure has been removed from the site and cremation shed roof has also been dismantled, which fact is otherwise substantiated from the photographs placed on record. Aforesaid communication further reveals that Municipal Council, Chamba, after having deployed a JCB on 07.09.2026, has also repaired, levelled and restored the traditional pathway leading to old cremation ground, so that no inconvenience is caused to the public at large.

3. Ms. Rakhi, Senior Executive Officer, Municipal Council, Chamba, who has joined through video conferencing, has further apprised this Court that matter with regard to allotment of new site for construction of cremation ground has been prepared and same shall be placed before the house. She stated that as and when approval is given, necessary funds for construction of cremation ground at new site, which is at a height, shall be provided.

4. Sh. Ishan Sharma, learned counsel for petitioner, though attempted to argue that as per aforesaid communication dated 07.09.2026, only roof has been dismantled, but as has been observed hereinabove, Senior Executive Officer, Municipal Council, Chamba, has categorically stated that entire structure has been demolished.

5. In view of the above, grievance of the petitioner, which came to be raised through instant petition, can be said to have been settled.

6. Consequently, in view of the above, nothing remains to be adjudicated in the instant petition and accordingly, the same is disposed of with a direction to Deputy Commissioner, Chamba, as well as Senior Executive Officer, Municipal Council, Chamba, to ensure that land for construction of new cremation ground is identified and thereafter cremation shed is constructed expeditiously, preferably within a period of two months from today, so that no inconvenience is caused to the public at large.

7. Needless to say, public at large, if wish to participate in the construction of cremation ground, shall also be permitted and during the period new cremation ground is constructed, all-out efforts would be made to ensure that road leading to old cremation ground is maintained properly. However, in no circumstance, cremation would be permitted on the site, from where shed has been removed in terms of orders passed by this Court. Pending application(s), if any, stand disposed of.

(Sandeep Sharma )

Judge September 10, 2026

(sunil)