The Bombay High Court on Monday came down heavily on the Brihanmumbai Municipal Corporation (BMC) for its failure to find a burial plot in the eastern suburbs, stating that the right to a decent and respectful last rite is as important as any other right.
The court noted that it has been issuing orders for several months to ensure a plot is made available, but the BMC has not cooperated. (Representative image of a burial ground)
The Bombay High Court on Monday came down heavily on the Brihanmumbai Municipal Corporation (BMC) for its failure to find a burial plot in the eastern suburbs, stating that the right to a decent and respectful last rite is as important as any other right.
Chief Justice DK Upadhyaya and Justice Amit Borkar emphasised that the Brihanmumbai Municipal Corporation (BMC) has a statutory duty to provide adequate burial grounds and cannot avoid this responsibility.
The court was hearing a Public Interest Litigation (PIL) filed by Govandi residents Shamsher Ahmed, Abrar Chaudhari, and Abdul Rehman Shah, who argued that the current burial ground is full and cannot accommodate the growing population. They sought additional burial grounds for the eastern suburbs.
The court noted that it has been issuing orders for several months to ensure a plot is made available, but the BMC has not cooperated.
The bench directed the BMC commissioner to personally address the issue and find a new plot within three kilometres of Rafiq Nagar. The commissioner must file an affidavit detailing the steps taken to comply by the next hearing on June 21.
The petitioners proposed three locations for a new burial ground -- adjacent to the existing Deonar ground, behind Rafiq Nagar (a former dumping ground), and in Anik village, eight kilometers from Govandi's centre, near Hindustan Petroleum Corporation Limited (HPCL).
The BMC rejected the Deonar and Rafiq Nagar sites as unsuitable and stated that the acquisition process for the Anik village plot had failed. The high court criticised the BMC for not initiating the deposit procedure for the plot in the last seven months, describing their inaction as "callous".
Chief Justice Upadhyaya remarked, "Since November you have not been able to find a plot. Where will the dead go now? Then they should go to Mars?"
The matter is scheduled for further hearing on June 21.
Published By:
Vadapalli Nithin Kumar
Published On:
Jun 11, 2024