Citizens have no right to seek particular place for cremation, burial : Bombay HC allows plea against ‘illegal’ crematorium in Ulwe
The petitioner societies claimed that the crematorium was in their close proximity, which also has a school area and playground, creating mental impact on kids
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The bench observed that the CIDCO had lawful power to change the location of the crematorium and the court found no reason to interfere in its decisionAllowing a plea by four co-operative housing societies (CHSs) from Ulwe in Panvel against construction of an ‘illegal’ crematorium in their vicinity, the Bombay High Court last week said that “a citizen or group of citizens would not have any fundamental right seeking a particular place for cremation or burial.”
The petitioner societies claimed that the crematorium was in their close proximity, which also has a school area and playground, creating mental impact on kids and air pollution through cremation affected health of residents in the vicinity.
On March 28, a bench of Justices Ajey S Gadkari and Kamal R Khata passed a judgment on a plea by cooperative societies situated in Ulwe in Panvel taluka. While two petitioners—Lakhani’s Blue Waves CHS and Ami’s Planet Mercury CHS—are situated around the concerned plot, the other two other adjoining societies Delta Tower and Hari Darshan are severely affected by the ‘illegal’ crematorium.
Appearing for the petitioners, advocate Ashok T Gade submitted that as per the development plan of the City and Industrial Development Corporation (CIDCO), which is the planning authority, the concerned plot was reserved for a petrol pump. However, Gade said, some highly influential person appointed a contractor and initiated construction of a crematorium instead of petrol pump.
The petitioners then approached CIDCO with representations in 2023, seeking removal of unauthorised structure from the plot, after which the authorities initiated action.
However, according to the petitioners, when the Chief Controller of Unauthorized Constructions (CCUC), proceeded to take action in November, 2023, the villagers of Kharkopar came in large numbers and not only foiled an attempt to demolish the unauthorized crematorium but also launched a massive protest against it.
Gade submitted that the crematorium is in the middle of residential societies and commercial shops and in proximity of school and its playground, which affects the children. A foul smell emanates from the use of wood and gives rise to smoke, causing problems to residents in the vicinity.
He also submitted that there is a fully-functional alternative crematorium 15-20 minutes away from the said area and the same can be used by the villagers.
The bench observed that the CIDCO had lawful power to change the location of the crematorium and the court found no reason to interfere in its decision.
“We are unable to agree with villagers’ request to keep this crematorium as the villagers will have to travel a greater distance to use the new crematorium. This cannot justify the continuation of the current crematorium,” the HC observed. It added that citizens do not have a right to cremate or bury at a specific location and “it is the duty of authorities to meet the needs of the people.
The court said it was not inclined to agree with villagers’ request and termed petitioners’ contentions to be ‘correct,’ especially considering the presence of schools, open playgrounds and several societies that are being affected by the fire and smoke.
Allowing the plea, it directed the authorities to use the said land as per sanctioned plan as per law.
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