No right to crematorium, burial place at specific site: Bombay High Court allows petition against illegal crematorium

Citizens do not have any right to insist on having their place for cremation or burial at a particular site or place, the Bombay High Court recent said while allowing a petition challenging the construction of an illegal crematorium in Navi Mumbai's Ulwe [Lakhani’s Blue Waves Co-operative Housing Society Ltd. and anr v The Chairman, CIDCO]. .A Bench of Justices AS Gadkari and Kamal Khata made the observation while considering a petition filed by two co-operative housing societies, Lakhani’s Blue Waves Co-operative Housing Society and Ami’s Planet Mercury Co-operative Housing Society, against the construction of a crematorium on plots 176, 176A, and 176B in Sector 9, Ulwe, Navi Mumbai."Citizens do not have the right to cremate or bury at a specific location," the Court stated.The petitioners moved the Court contending that the construction of the crematorium instead of a petrol pump as per City And Industrial Development Corporation Of Maharashtra Ltd's (CIDCO) approved development plan, was illegal and posed significant environmental and health hazard to the surrounding residential area..According to the petitioners, the plots in question were reserved for a petrol pump under CIDCO's development plan. However, a crematorium had been illegally constructed, which they claimed posed serious health risks due to air pollution, fire hazards and unpleasant odors. They further contended that the crematorium was located near residential societies, schools and open playgrounds which affected the mental and physical well-being of residents, especially children. Despite their representations to CIDCO and local authorities, no action was taken to stop the construction, it was pointed out. .On the other hand, the counsel representing the villagers opposed the petition and argued that the crematorium was not illegal. He stated that the crematorium has been in existence for over 250 years and with the villagers using it for the past many generations. He pointed out that CIDCO had sanctioned funds for the construction of the crematorium and had even issued work orders for its improvement. He further argued that shifting the crematorium would cause hardship to the local villagers, who would have to travel a greater distance to use the new facility. Merely because the petitioners have started residing in the vicinity cannot be a ground to shift the crematorium, it was contended..The Court rejected the villagers' argument that the need to travel a longer distance to the new crematorium justified keeping the current one."This cannot justify the continuation of the current crematorium. As previously stated, citizens do not have the right to cremate or bury at a specific location. It is the duty of the authorities to meet the needs of the people," the Bench said. It also noted that CIDCO had already provided a fully functional cremation ground. "Given these circumstances, we find that the Petitioners are correct, especially considering the presence of schools, open playgrounds, and several societies that are being affected by the fire and smoke," the Court said.Hence, it ruled in favor of the petitioners and directed CIDCO to "use said land as per sanctioned development plans in accordance with law.".Advocate Ashok T Gade along with advocate Riya John appeared for the housing societies. Advocate Nitin Gangal along with advocate Prapti Karkeja represented two other adjoining housing societies. Advocate Sachindra B Shetye appeared for the villagers.Advocate Sameer Patil appeared for CIDCO.Additional Government Pleader AA Alaspurkar appeared for State of Maharashtra. .[Read Order]