Radhika Mittal
On June 12, – The Bombay High Court underscored the importance of the deceased’s right to dignified last rites, equating it with fundamental rights enjoyed during one’s lifetime. The court was hearing on a public interest litigation (PIL) on the inadequacy of burial grounds in Mumbai.
In the case Faizan E-Gaus-O-Raza Trust v. Municipal Corporation of Greater Mumbai & Ors., a division bench comprising Chief Justice DK Upadhyay and Justice Amit Borkar asserted that the Municipal Corporation of Greater Mumbai has a statutory duty to ensure sufficient burial spaces for the city’s deceased. The bench emphasized, “The right of the dead to be given decent and respectful last rites is as important as any other right available when they were alive.”
The PIL highlighted a critical shortage of burial grounds in the city. Initially, the court identified potential sites in Deonar Colony, Rafi Nagar, and a plot near Hindustan Petroleum Corporation Limited. However, complications arose as the Hindustan Petroleum plot was transferred to a private entity. Consequently, the Court instructed the government to acquire this land under the 2013 Land Acquisition Act (The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013).
On June 10, the Court expressed dissatisfaction over the Municipal Corporation’s delay in depositing part of the compensation necessary for acquiring the Hindustan Petroleum plot, describing the seven-month delay as “callousness.”
The Court directed the Municipal Commissioner to address the issue urgently and mandated a personal affidavit detailing the measures taken to comply with the Court’s orders by the next hearing on June 21.
Case Name: Faizan E-Gaus-O-Raza Trust v. Municipal Corporation of Greater Mumbai & Ors.
Bench: Chief Justice DK Upadhyay, and Justice Amit Borkar