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

The Bombay High Court in the case observed and has expressed its concern with regards to the shrinking space for burials in cemeteries in Mumbai and reminded the Municipal Commissioner and Maharashtra Government of their duty in order to provide such spaces.
In the present case, the court was hearing the PIL moved wherein it is alleged that all the three spaces in the city originally earmarked by the Municipal Commissioner for cemeteries were either being deleted from reservation or it was being used for some other purpose.
The bench comprising of Justice Devendra Kumar Upadhyay and Justice Arif Doctor in the case observed and has stated that for the Municipal body as also the State Government, thus, there cannot be any engagement which is more urgent than finding appropriate space for burial of dead.
Adding to it, the bench stated that under section 436 of the Mumbai Municipal Corporation Act, 1888, it being mandatory upon the Commissioner to find other convenient places for the purpose of burials.
The said court was hearing the PIL moved by one Shamsher Ahmed Shaikh, who is represented by Advocate Altaf Khan.
It has also been claimed by the petitioner in the plea that the Municipal Corporation of Greater Mumbai, MCGM proposed three cemeteries at
1) Deonar Cemetery
2) Rafi Nagar Cemetery; and
3) the Cemetery at a land which is owned by the Union Carbide India Ltd. / M/s. Oswal Agro Mills Ltd.
However, the proposed cemeteries were the part of the Excluded Part in the Development Plan of the area and accordingly, the Municipal Commissioner in the matter wrote to the State Government’s Urban Development Department in June 2021 and has asked for the Excluded Parts to be sanctioned as the cemeteries.
Therefore, the State Government deleted the Deonar cemetery from reservation on 14.11.2022. Thus, the Rafi Nagar Cemetery, a 30 mtr. high municipal solid waste stands, thus, theremoval of which would require an estimated sum for an amount of Rs.200 crores and accordingly, the Corporation decided to find of an alternative location.
Therefore, the third proposed cemetery is on a land which is owned by the Union Carbide India Ltd. / M/s. Oswal Agro Mills Ltd.
The Advocate Dhruti Kapadia for the Slum Rehabilitation Authority is concerned, SRA wherein it is stated that the 2264.74 sq.mtr. has already been earmarked for cemetery in their redevelopment project.
The court in the case observed and has directed the state government to give reasons as to why the Deonar Cemetery was being deleted from reservation.
Further, the High Court in the case stated that the affidavit needs to be filed by the State shall also spell out the steps taken by the State Government in order to ensure that the general populace of the city is provided adequate space for the dead being given a dignified last rite.
Further, the High Court in the case seek to know the Municipal Commissioner or a high-ranking officer in his place as to what steps are being taken in order to provide an alternate location to the Rafi Nagar Cemetery and also to acquire the Union Carbide land.
Accordingly, the court listed the matter for further consideration on September 05, 2023.