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
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
Allowing 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.
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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.
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Allowing the plea, it directed the authorities to use the said land as per sanctioned plan as per law.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
