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Citizens do not have a fundamental right to seek a particular place for cremations or burials, the Bombay High Court has said.
A bench of Justices Ajay Gadkari and Kamal Khata made the statement on March 28 while directing the City and Industrial Development Corporation, or CIDCO, to remove a crematorium built near residential societies, shops, a school and a playground in Sector 9 of Navi Mumbai’s Ulwe area.
CIDCO is a government agency that is responsible for the planning of Navi Mumbai.
The agency had already provided a fully functional crematorium at Sector 14, which was around 3.5 km away from the contested site, the court noted.
“It is the Planning Authorities [in this case the CIDCO] who are tasked with these responsibilities for providing crematoriums,” the court said. “A citizen or group of citizens would not have any fundamental right in seeking a particular place for cremation or burial.”
The bench was hearing petitions filed by two housing societies – Lakhani’s Blue Waves Co-operative Housing Society and Ami’s Planet Mercury Co-operative Housing Society in Sector 9 – against the construction of a crematorium in the area, Live Law reported.
The petitioners said that CIDCO had initially sanctioned the construction of a petrol pump on the plots where the crematorium was built in Sector 9.
“However, at some point in the recent past, some highly influential person appointed a contractor and initiated a construction of crematorium instead of a petrol pump,” the petitioners said, adding that the two societies were situated around the plots and were severely affected.
The petition noted that the crematorium was in the middle of residential societies and commercial shops, according to Live Law. It was also close to a school and its playground, which would mentally harm the children, it added.
The use of wood during cremations generated fire and smoke that often resulted in a foul smell and air pollution, the petitioners said, adding that this also harmed the mental and physical health of residents.
The petitioners had initially approached CIDCO in 2023 seeking the removal of the crematorium, after which the authorities initiated action The Indian Express reported.
However, the petitioners alleged that residents of Kharkopar village, who use the crematorium in Sector 9, came in large numbers and foiled an attempt to demolish it when the Chief Controller of Unauthorized Constructions proceeded to take action in November 2023.
The residents also launched a massive protest against its demolition, the petition said.
It noted that there was an alternative crematorium in Sector 14 that was only 15 to 20 minutes away from the contested plots and could be used by the residents of Kharkopar.
On their part, the residents of the village told the court that the crematorium in Sector 9 had been there for more than 250 years and was not illegal, Live Law reported.
The residents submitted that CIDCO had provided funds and issued work orders for the construction and renovation of the crematorium. Shifting the same to another area would cause hardship to the locals, they said.
However, the court said in its order on March 28 that it could not accept this contention.
“We are unable to agree with the request to keep this crematorium as the villagers will have to travel a greater distance to use the new crematorium,” the bench said. “This cannot justify the continuation of the current crematorium.”
It added: “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. In this instance, CIDCO has already provided a fully functional cremation ground.”
The bench also noted that the petitioners were correct, especially taking into account the presence of schools, open playgrounds and several societies that were being affected by the fire and smoke.
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