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The Bombay High Court emphasized the importance of dignified last rites for the deceased, stating it’s as crucial as any other right during one’s lifetime. The court stressed the statutory duty of the Mumbai Municipal Corporation to ensure adequate burial spaces, during a PIL hearing on burial ground inadequacies.
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MUMBAI: The Bombay High Court recently highlighted the importance of ensuring that the deceased are given decent and respectful last rites. The Court underscored that this right is as crucial as any other right available to an individual during their lifetime. This observation came while the Court was hearing a public interest litigation (PIL) concerning the inadequacy of burial grounds in Mumbai.
A Bench comprising Chief Justice DK Upadhyay and Justice Amit Borkar emphasized the statutory duty and obligation of the Mumbai Municipal Corporation to provide sufficient burial spaces.
The Court stated-
“The entitlement of the deceased to receive dignified last rites is as crucial as any other right during their lifetime. Additionally, it is the legal duty of the Municipal Corporation to ensure sufficient burial space, and the authorities cannot evade this responsibility.”
During the hearing, the Court was informed about the availability of potential spaces that could be converted into burial grounds. These areas included Deonar Colony, a portion of land at Rafi Nagar, and another plot near Hindustan Petroleum Corporation Limited. Following this information, the Court directed the Municipal Corporation to take appropriate steps to identify these plots and make them available for public use as burial grounds at the earliest.
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The directive from the Court was clear: the Municipal Corporation needed to act sprrdy to address the lack of adequate burial spaces in the city. However, the subsequent proceedings revealed various hurdles in utilizing these identified plots for burial purposes.
The Bombay High Court’s intervention underscores the broader issue of urban planning and the provision of essential services in a densely populated city like Mumbai. The PIL brought to light the pressing need for adequate burial spaces, reflecting a fundamental aspect of human dignity and respect for the deceased.
The Court recently scrutinized the ongoing land acquisition process near the Hindustan Petroleum Corporation, now in possession of a private party. The Court has directed the government to acquire the land under the 2013 Land Acquisition Act.
However, during the hearing on June 10, the Court discovered that the municipal authorities had yet to deposit a portion of the compensation necessary for the land acquisition. This delay was noted with severe disapproval by the Court.
“We cannot condone such indifference on the part of the authorities.”
– remarked the Court, pointing out that seven months had elapsed since its initial order.
This delay has hampered the acquisition process, affecting the overall progress of the project.
The Court then issued a directive to the Commissioner of the Municipal Corporation to take personal responsibility for the matter. The Commissioner was instructed to ensure that all necessary steps are taken to expedite the land acquisition process.
“We also request the Municipal Commissioner to submit a personal affidavit by the next listing date, detailing the measures that will be taken by the Municipal Corporation authorities to adhere to this order.”
-the Court added, emphasizing the need for immediate action.
The case is scheduled for the next hearing on June 21, by which time the Municipal Commissioner is expected to have addressed the issue comprehensively.
Representing various petitioners, Senior Advocate Yusuf Muchhala, along with advocate Altaf Khan and advocates Altaf Khan and Akash Mangalgi, presented their arguments. Advocates Tejas D Deshmukh and HD Chavan appeared for an intervener, adding to the multifaceted nature of the case.
On the other side, Senior Advocate Ram Apte, along with advocates Oorja Dhond and SK Sonawane, represented the municipal authorities. Additional Government Pleaders Abhay L. Patki and Atul Vanarse appeared for the State, providing legal support and clarifications on behalf of the government.
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Senior Advocate Akshay Shinde, along with advocates Dhruti M Kapadia and Ashutosh Kumbhakoni, represented other respondents, ensuring a comprehensive representation of all parties involved in this complex legal matter.