The Supreme Court of India on Thursday directed the Isha Foundation and a Coimbatore resident to explore a mutual settlement in a long-standing dispute concerning a crematorium (Kayantha Sthanam) operated by the Foundation on the outskirts of Coimbatore.
A three-judge bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi, was hearing a Special Leave Petition filed by S.N. Subramanian. The petitioner challenged a Madras High Court order, alleging that the crematorium was constructed a mere 10 meters from his residence, causing significant nuisance.
Appearing for the petitioner, Advocate Prashant Bhushan argued that local regulations prohibit the establishment of a crematorium or burial ground in close proximity to a dwelling or water body without a specific license from the Gram Panchayat. He contended that the High Court had misinterpreted the rules by allowing a facility at a distance that violated the resident’s right to a peaceful living environment.
Counsel further submitted that while local tribal customs in the area traditionally involve burial, the Isha Foundation facility is used for cremations, bringing in bodies from Coimbatore city—located nearly 30 kilometers away. “It is creating a huge nuisance; every day, bodies are now being burned there,” Bhushan submitted to the court.
Senior Advocate Mukul Rohatgi, representing the Isha Foundation, pointed out that the petitioner had originally sold a portion of the land to the Foundation. While the petitioner admitted to the sale, he clarified that the land was not sold with the intent of establishing a crematorium.
The CJI balanced the discussion by acknowledging the Foundation’s social contributions, noting that such facilities often ensure that the deceased are not left unattended.
During the proceedings, the bench observed that in many historical cities like Kashi or Kolkata, residential areas and cremation grounds often coexist closely. However, seeking a practical resolution, the court suggested that the Foundation compensate the petitioner to facilitate his relocation.
“The 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,” the bench recorded in its order.
The Supreme Court has urged both parties to negotiate in good faith to reach a settlement that ensures better living conditions for the petitioner while allowing the Foundation to continue its operations.
Case Title: S. N. Subramanian v. The District Collector cum Inspector and Ors.
Case No: SLP(C) No. 5840/2026
