Municipal Commissioner Duty Bound To Provide Fit And Convenient Place For Disposal Of Dead: Bombay High Court

The Bombay High Court on Tuesday expressed its concerns regarding the shrinking space for burials in cemeteries in Mumbai and reminded the Municipal Commissioner & Maharashtra Government of their duty to provide such spaces.

The court was hearing a PIL which alleged that all the three spaces in the city originally earmarked by the Municipal Commissioner for cemeteries were either deleted from reservation or being used for some other purpose.

“For a Municipal body as also the State Government, there cannot be any engagement more urgent than finding appropriate space for burial of dead,” the bench of Justices Devendra Kumar Upadhyay and Arif Doctor observed in their order.

The bench added that under Section 436 of the Mumbai Municipal Corporation Act, 1888, it was mandatory upon the Commissioner to find other convenient places for the purpose of burials.

On Tuesday the court was hearing a PIL filed by one Shamsher Ahmed Shaikh, represented by Advocate Altaf Khan.

The petitioner claimed that the Municipal Corporation of Greater Mumbai ( MCGM) proposed three cemeteries at 1) Deonar Cemetery 2) Rafi Nagar Cemetery; and 3) Cemetery at a land owned by the Union Carbide India Ltd. / M/s. Oswal Agro Mills Ltd.

The proposed cemeteries were part of the Excluded Part in the Development Plan of the area and accordingly, the Municipal Commissioner in June 2021 wrote to the State Government’s Urban Development Department and asked for the Excluded Parts to be sanctioned as cemeteries.

All the Excluded parts were sanctioned through Notifications from May 31 – September 12 2022.

But on November 14, 2022 the State Government deleted the Deonar cemetery from reservation. As regards Rafi Nagar Cemetery, a 30 mtr. high municipal solid waste stands, removal of which would require an estimated sum of Rs.200 crores and accordingly, the Corporation decided to find an alternative location.

The third proposed cemetery is on a land owned by the Union Carbide India Ltd. / M/s. Oswal Agro Mills Ltd.

Advocate Dhruti Kapadia for the Slum Rehabilitation Authority is concerned (SRA) stated the 2264.74 sq.mtr. has already been earmarked for cemetery in their redevelopment project.

The court, however, directed the state government to give reasons as to why the Deonar Cemetery was deleted from reservation.

“The affidavit to be filed by the State shall also spell out the steps taken by the State Government to ensure that the general populace of the city is provided adequate space for the dead being given a dignified last rites,” the High Court said.

The High Court further sought to know from the Municipal Commissioner or a high ranking officer in his place as to what steps are being taken to provide an alternate location to the Rafi Nagar Cemetery and to acquire the Union Carbide land.

The matter will now be heard on September 5, 2023.

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