Right Of Decent & Respectful Last Rites Are Important As Any Other Right: Bombay HC Expresses Concern About Shortage Of Burial Sites
The Bombay High Court observed that the right of the dead over decent and respectful last rites is as important as any other available right when the person is alive.
The Court observed thus while directing the Commissioner of Municipal Corporation to personally look into the matter of burial sites.
The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar observed, “Right of dead to be given a decent and respectful last rites is as important as any other right available when he is alive. Moreover, it is the statutory duty and obligation cast on the Municipal Corporation to provide adequate place for burial of the dead.”
Senior Advocate Yusuf Muchhala appeared for the Appellant and Senior Advocate Ashutosh Kumbhakoni & Senior Advocate Ram Apte appeared for the Respondent.
The present Public Interest Litigation highlights the shortage of adequate burial grounds for a respectful farewell for the deceased. The Court noted the Municipal Corporation's duty under Section 436 of the Mumbai Municipal Corporation Act, 1888, to provide sufficient burial space. Three sites were identified: near Deonar Colony, Rafi Nagar, and Hindustan Petroleum Corporation Limited. Despite the Court's orders, the Municipal Corporation of Greater Mumbai has not cooperated as expected.
For the Deonar Colony site, the State Government issued a notification reserving it as a cemetery, but a dispute occurred. The Rafi Nagar site was deemed unsuitable due to solid waste, and a nearby alternative is still under feasibility study. For the site near Hindustan Petroleum, the land is privately owned, and compulsory acquisition has been initiated.
The Court said that nothing in the direction of acquisition has been done as it has been informed that the 30% of the estimated amount of compensation has yet not been deposited by the Municipal Corporation.
“Such callousness on the part of the authorities cannot be appreciated.”, the Court said.
The Court directed that none other than the Commissioner of the Municipal Corporation himself shall look into the matter personally and accordingly issue directions/instructions which may be required for (a) finding another plot of land to be used as a burial ground within the vicinity of three km. from Rafi Nagar and (b) ensuring that all steps are taken for initiation and completion of the process of acquisition of the land which exists near Hindustan Petroleum Corporation Limited, including making of requisite deposit as required by the State Government.
Finally, the Court called upon the Municipal Commissioner to file his affidavit by the next date of the listing indicating the steps taken by the authorities of the Municipal Corporation to ensure compliance with this order.
Cause Title: Shamsher Ahmed Shaikh v. Municipal Corporation of Greater Mumbai & Ors.
Appearance:
Appellant: Sr. Adv. Yusuf Muchhala, Adv. Altaf Khan and Adv. Akash Mangalgi
Respondent: Sr. Adv. Ashutosh Kumbhakoni, Sr. Adv. Ram Apte, Adv. Oorja Dhond, AGP Abhay L. Patki, Adv. Dhruti M. Kapadia