"Right To Decent Last Rites": High Court Directs Municipal Commissioner To Personally Address Issue Of Inadequate Burial Grounds In Mumbai

The Bombay High Court on Monday directed the Commissioner of Municipal Corporation of Greater Mumbai (MCGM) to personally look into the issue of inadequate burial grounds in Mumbai and take necessary steps to identify and acquire new burial plots.

“...we direct 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 out another plot of land to be used as burial ground within the vicinity of three kms. 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”, the court directed.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar expressed disapproval over the Municipal Corporation's lack of action, emphasizing the importance of the right to a decent burial.

“Such callousness on the part of the authorities cannot be appreciated. 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. The authorities of the Municipal Corporation, thus, cannot shirk their shoulders away from such statutory responsibility”, the court stated.

The court was dealing with a PIL regarding paucity of space for adequate burial grounds in the city.

It noted that three sites had earlier been identified as potential burial grounds: a plot next to Deonar Colony, another at Rafi Nagar, and a third near Hindustan Petroleum Corporation Limited. Despite the court's consistent directions to make these plots available, MCGM has not shown the expected cooperation, the court pointed out.

Regarding the Deonar Colony site, the State Government issued a notification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966, reserving the area for a cemetery. However, a dispute over this site has led to the filing of a Writ Petition this year, challenging the notification. The court on Monday decided to club this writ petition with the ongoing PIL for a joint hearing.

For the Rafi Nagar site, the court had noted in its order dated November 8, 2023, that using the plot as a cemetery was infeasible due to a solid waste heap. The Municipal Corporation had identified another plot within a three-kilometer radius and was conducting a feasibility study. However, on Monday, seven months later, MCGM informed the court that the new plot was also not feasible and no alternative had been identified.

Concerning the site near Hindustan Petroleum Corporation Limited, the land is currently owned by a private entity, the court noted. The MCGM had last year informed the court of its unsuccessful attempts at private negotiations and the initiation of compulsory acquisition by the Municipal Corporation. The court had directed the Corporation to deposit 30% of the compensation required for acquisition, as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, the deposit had not been made, as noted by the Advocate General.

The court highlighted the statutory obligation of the Municipal Corporation under Section 436 of the Mumbai Municipal Corporation Act, 1888, which mandates the provision of adequate spaces for the disposal of the dead.

The court directed the Municipal Commissioner to personally oversee the matter. The court also directed the Commissioner to file a personal affidavit detailing the steps taken by the next hearing date.

The matter is scheduled for further hearing on June 21, 2024.

Case Title – Shamsher Ahmed Shaikh & Ors. v. Municipal Corporation of Greater Mumbai & Ors.

Case no. – Public Interest Litigation No. 35 of 2023

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