What Bombay High Court said on right of dead persons to decent last rites

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, observed the Bombay High Court recently [Faizan E-Gaus-O-Raza Trust v. Municipal Corporation of Greater Mumbai & Ors.]..The Court made this observation while hearing a public interest litigation petition filed over the lack of adequate space for burial grounds.A Bench of Chief Justice DK Upadhyay and Justice Amit Borkar said that it was the statutory duty and obligation of the Mumbai Municipal Corporation to provide adequate space for the burial of the dead."Right of dead to be given a decent and respectful last rites is as important as any other right available when he is alive. Moreover, it is the statutory duty and obligation cast on the Municipal Corporation to provide adequate place for burial of the dead. The authorities of the Municipal Corporation, thus, cannot shirk their shoulders away from such statutory responsibility," the Court observed..The Court had earlier been told that there was space that could be used as burial grounds in three areas, namely the Deonar Colony, some space at Rafi Nagar, and another plot of land near Hindustan Petroleum Corporation Limited.The Court had proceeded to direct the Municipal Corporation to take appropriate steps to identify these plots for use as burial grounds and to make the same available to the public at the earliest.Later, the Court was informed of various hurdles to using these plots of land for burial purposes. In particular, it was noted that the land near the Hindustan Petroleum Corporation was now with a private party. The Court had, therefore, called on the government to acquire the land under the 2013 Land Acquisition Act. .On June 10, however, the Court found that the municipal authorities was yet to deposit a part of the compensation that would be required to acquire this plot. "Such callousness on the part of the authorities cannot be appreciated," the Court said, while noting that seven months had passed since its order. .It thus directed the Commissioner of the Municipal Corporation to personally look into the matter and ensure that appropriate steps are taken in furtherance of acquiring the required land. "We also call upon the Municipal Commissioner to file his personal affidavit by the next date of listing indicating therein the steps, which, in the meantime, shall be taken by the authorities of the Municipal Corporation to ensure compliance of this order." the Court added. .The matter will be heard next on June 21. .Senior Advocate Yusuf Muchhala with advocate Altaf Khan and advocates Altaf Khan, Akash Mangalgi appeared for various petitioners. Advocates Tejas D Deshmukh and HD Chavan appeared for an intervener Senior Advocate Ram Apte with advocates Oorja Dhond and SK Sonawane appeared for the municipal authorities. Additional Government Pleaders Abhay L. Patki and Atul Vanarse appeared for the State.Senior Advocate Akshay Shinde and advocates Dhruti M Kapadia, and Ashutosh Kumbhakoni appeared for other respondents. .[Read Order]