SC Orders Mediation To Settle Row Over Isha Foundation Crematorium In Tamil Nadu's Coimbatore

New Delhi: The Supreme Court on Thursday asked the Isha Foundation to explore the possibility of amicably settling a dispute in connection with its Kayantha Sthanam (crematorium) constructed on the outskirts of Coimbatore in Tamil Nadu.

The matter came up for hearing before a bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and Vipul Pancholi. The bench was hearing a plea by SN Subramanian, represented by advocate Prashant Bhushan, a resident of Coimbatore who is aggrieved by the construction of a crematorium near his house by the foundation. Senior advocate Mukul Rohatgi and advocate Balaji Srinivasan appeared for the foundation.

"We request Justice Rajendran to provide his services as a mediator in the case. Let both parties consult him by tomorrow, and let the fee schedule be prepared by the mediator,” said the bench.

Justice Rajendran is a former Judge of the Madras High Court. Citing local rules, Bhushan submitted that there cannot be a crematorium or burial ground near a place of dwelling or water body, unless a licence is issued by the gram panchayat. It was argued that in the present case, the house was merely 10 metres away, and everyday, bodies are now being burned there, for the last couple of weeks.

Justice Bagchi said the foundation is just offering a crematorium for the people. Bhushan argued that licence for the crematorium was issued at a time when there is an existing house within 10 metres, and the question is whether such a licence can be given, despite the fact there is a rule which says there has to be a distance of 90 metres.

The bench said there were two forms of disposal of dead bodies- one at a licensed crematorium and another as per local practices or at informal places where ancestors of the deceased have been cremated. “So, to take care of this unregulated cremation of bodies…if it is a licensed crematorium then the distance…”, observed the bench.

The Foundation’s counsel contended that the petitioner had sold a part of the land to it and is now filing a petition. Bhushan agreed that the land was sold, but not for the purpose of building a crematorium. The bench orally observed that burial has become an expensive affair and the foundation is doing some good work. “It violates my fundamental right. I cannot live there with a stench of burning bodies coming”, said Bhushan.

Justice Bagchi said, “We do not think so. Innumerable crematoriums are within city limits. You go to Chennai…within 50 metres of human habitation, crematorium is there”, said Justice Bagchi, adding, “We take Mr Bushan to more unplanned city that is my city. You have a crematorium cheek by jowl besides the Ganga. Because Hindu practice is that cremation beside the Ganga is more pious, and there are houses are alongside and the crematorium is check by jowl”.

The bench said, "On our suggestion, the parties are agreeable to explore the possibility of an amicable settlement in terms whereof respondent No.13-Isha Foundation will offer a fair and reasonable market price for the petitioner’s residential house so as to enable him to settle down at another place of his choice".

"We earnestly impressed upon the parties to pursue such a possibility and settle their disputes amicably. In this regard, we request Justice B. Rajendran, a former Judge of the Madras High Court, to provide his services as a Mediator between the parties. Learned counsel/learned senior counsel for both sides will contact Justice B. Rajendran by tomorrow, i.e., 27.02.2026 and will then appear as per the schedule fixed by him. Post this matter for further consideration on 17.04.2026”, said the bench, in its order.

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