The Bombay High Court rebuked the Brihanmumbai Municipal Corporation (BMC) on Monday for its failure to secure a burial plot in the eastern suburbs, stressing that the right to a dignified last rite is fundamental.
Chief Justice DK Upadhyaya and Justice Amit Borkar emphasized BMC’s statutory obligation to provide adequate burial grounds, deeming it essential. The court was addressing a Public Interest Litigation (PIL) filed by Govandi residents Shamsher Ahmed, Abrar Chaudhari, and Abdul Rehman Shah, who highlighted the inadequacy of the current burial ground in accommodating the growing population of the eastern suburbs.
Despite repeated court orders urging BMC’s cooperation, the bench noted the corporation’s lack of action in finding a suitable plot.
The court directed the BMC commissioner to personally intervene and locate a new burial ground within three kilometers of Rafiq Nagar. The commissioner is required to submit an affidavit detailing the steps taken by the next hearing scheduled for June 21.
The petitioners proposed three potential locations for a new burial ground, including sites adjacent to the existing Deonar ground, behind Rafiq Nagar, and in Anik village near Hindustan Petroleum Corporation Limited (HPCL).
However, BMC dismissed the Deonar and Rafiq Nagar sites as unsuitable and reported a failed acquisition process for the Anik village plot. The high court criticized BMC’s inaction, particularly its failure to initiate the deposit procedure for the plot over the past seven months.
Chief Justice Upadhyaya expressed concern over the delay, questioning, “Since November you have not been able to find a plot. Where will the dead go now? Then they should go to Mars?”
The case is set for further hearing on June 21, underscoring the urgency of the matter and the court’s determination to ensure the provision of a suitable burial ground for the residents of Govandi.
