ORDER

Leave granted.

2. After hearing the learned counsel for the parties, we are of the opinion that the Public Interest Litigation filed before the High Court has been disposed of rather cursorily and without taking into consideration all the relevant factors which ought to have entered into the consideration of the High Court before making the directions as contained in the operative part of the order. 

3. The learned senior counsel for the appellant points out that unless and until the High Court finds that the merghat, kabristan and crematorium are legal and satisfy the requirement for registration under the local law till then a direction for extension of amenities and facilities could not have been given, which would have the effect of legalising the illegalities if there be any. It is also pointed out that the State Government may have its own priorities for incurring expenditure and the administrative and financial handicaps and convenience of the State Government should also have been taken into consideration. We find substance in the submissions so made.

4. The appeal is allowed. The impugned order of the High Court is set aside. The matter shall be heard and decided afresh by the High Court. All the pleas raised by the respondent before the High Court shall be taken into consideration and disposed of judicially before any directions and disposed of judicially before any direction are given.

No order as to the costs.

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