In a significant ruling, the Bombay High Court emphasized the importance of providing decent and respectful last rites for the deceased, equating it to the rights individuals hold during their lifetime. The court’s remarks came while addressing a public interest litigation concerning the shortage of burial grounds in Mumbai.
A Bench comprising Chief Justice DK Upadhyay and Justice Amit Borkar underscored the statutory duty of the Mumbai Municipal Corporation to ensure adequate burial spaces. The judges stated, “The right of the dead to a dignified burial is as crucial as any right they possessed while alive. The Municipal Corporation must fulfill its responsibility to provide sufficient burial grounds.”
The case brought to light the availability of potential burial sites in Deonar Colony, Rafi Nagar, and a plot near Hindustan Petroleum Corporation Limited. The court directed the Municipal Corporation to expedite the identification and preparation of these plots for public use. However, complications arose, particularly with the land near Hindustan Petroleum Corporation now being under private ownership. The court urged the government to acquire this land under the 2013 Land Acquisition Act.
On June 10, the court expressed its frustration over the Municipal Corporation’s delay in depositing compensation for the land acquisition, noting the seven-month lapse since its order. The court admonished the authorities for their lack of urgency, instructing the Municipal Commissioner to personally oversee the matter and ensure compliance.
“We expect the Municipal Commissioner to submit a personal affidavit detailing the actions taken to comply with this order by the next hearing date,” the court added.
The next hearing is scheduled for June 21.
Senior Advocate Yusuf Muchhala, along with advocates Altaf Khan, Akash Mangalgi, Tejas D Deshmukh, and HD Chavan, represented various petitioners and interveners. Municipal authorities were represented by Senior Advocate Ram Apte and his team, while the state was represented by Additional Government Pleaders Abhay L. Patki and Atul Vanarse. Other respondents were represented by Senior Advocate Akshay Shinde and his associates.
Faizan_E_Gaus_O_Raza_Trust_v__Municipal_Corporation_of_Greater_Mumbai___Ors
