If Davender Ghai gets his way in the case due to be heard on Tuesday, traditional Hindu cremations could become commonplace across England and Wales.
In 2006, Newcastle City Council blocked Davender Ghai's attempt to establish the UK's first approved site for open-air funeral pyres.
It maintained the burning of human remains anywhere outside a crematorium was prohibited under the 1930 Cremation Act - a ruling the Ministry of Justice agrees was correct.
Now Mr Ghai, a Hindu campaigner and founder of the Anglo Asian Friendship Society charity, is seeking a judicial review of the decision.
"I believe a person should live and die according to his own religion," said the Uganda-born 70-year-old, who has been living in the UK since the 1970s.
"Local authorities routinely provide separate Muslim and Jewish burial grounds and out-of-hours registration and immediate or weekend burials.
"Hindus should cremate before the following sunset too and yet we, along with the general public, wait for up to a week."