Bombay HC pulls up state, BMC over ‘lackadaisical attitude’ in providing space for Sunni Muslim cemetery in Govandi

The bench said authorities have to “take care of the dead as much as those alive and they have the right under Article 21 of the Constitution to be buried with dignity.”

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor was hearing a PIL by lawyer Shamsher Ahmed Shaikh and two other residents of Govandi area, seeking additional cemetery, citing shortage of space in existing cemeteries.

The petitioners had informed that the HC in their earlier PIL had directed the BMC commissioner to decide the issues regarding shortfall of burial places in greater Mumbai including M-East ward comprising Deonar-Govandi area. Instead in January this year, the BMC’s public health department passed an order for closing down Deonar cemetery due to shortage of space.

The plea filed through advocate Altaf Khan claimed that existing cemeteries in the area are fully utilised as whenever graves are dug up for burial, partially decomposed bodies are coming up, which leads to desecration. The PIL challenged BMC public health department’s order for closure of Deonar cemetery.

The PIL sought from court to quash and set aside BMC public health department’s order for closure of Deonar cemetery.

It also sought appointment of an expert committee to study, research and evaluate the issue and file factual and a conclusive report on the proposed cemetery.

Khan had pointed out that there were three locations that were proposed for an additional cemetery. One was right next to an existing burial ground in Deonar, the other was behind Rafiq Nagar which was basically a dumping ground and third was about eight kilometres away from the heart of the population of Govandi which was located at Anik village.

Khan told the bench that as per current position, the cemeteries at Deonar and Rafiq Nagar are closed as buried bodies are not getting decomposed as stipulated period for decomposition is not followed due to shortage of space.

BMC’s lawyer told the bench that the civic body was in talks with Oswal Agro Mills Limited (erstwhile Union Carbide India Ltd) to get the land at Anik village. The BMC said that removal of 30 metre high municipal solid waste at Rafiq Nagar dumping ground would require nearly Rs. 200 crore, therefore it was decided to find an alternative location. he HC sought an affidavit from higher level officers of BMC as to what steps were taken to relocate Rafiq Nagar cemetery.

Additional Government Pleader Abhay L Patki for state submitted that he would take instructions on the issue from officials as the government had in 2021 decided to allocate its land right next to the existing cemetery for an additional cemetery. However, a corrigendum was issued in November, 2022 regarding Deonar cemetery, which deleted its reservation. The HC sought the state’s reply as to why the said reservation was deleted. Advocate Dhruti Kapadia for Slum Rehabilitation Authority stated that regarding Deonar ground which is under the Rehabilitation Scheme, an area of 2264.74 square metre has already been earmarked for cemetery.

Chief Justice Upadhyaya remarked, “Can you (authorities) understand what it means if dead bodies are coming up? Such lackadaisical attitude in this matter, both by BMC and state, cannot be condoned. Do you need court orders in such matters? This should have been done by you (authorities). You should have been alive to such issues. For you, there cannot be any engagement more urgent than finding appropriate space for burial. The court said that the BMC Commissioner is mandated to find another place for burial.

The court said the BMC Commissioner is mandated to find another place for burial in case the existing places were insufficient. Seeking responses from state and BMC within two weeks, the bench posted further hearing to September 5.