Bombay HC says citizens do not have fundamental right to seek particular place for cremation, burial

The Bombay High Court ruled that citizens do not have a fundamental right to choose a specific location for cremations or burials.

On March 28, a bench comprising Justices Ajay Gadkari and Kamal Khata directed the City and Industrial Development Corporation (CIDCO) to dismantle a crematorium located near residential areas, shops, a school, and a playground in Sector 9 of Navi Mumbai's Ulwe area.

CIDCO, a government agency responsible for Navi Mumbai's planning, had already established a fully operational crematorium 3.5 km away in Sector 14, the court pointed out.

The court stated that it is the responsibility of the Planning Authorities, such as CIDCO in this case, to oversee the provision of crematoriums and that citizens or groups do not have a fundamental right to demand a specific location for cremation or burial, Scroll.in reported.

The bench was hearing petitions filed by two housing societies in Sector 9, Lakhani’s Blue Waves Co-operative Housing Society and Ami’s Planet Mercury Co-operative Housing Society, challenging the construction of the crematorium in the area.

The petitioners argued that CIDCO had originally approved the construction of a petrol pump on the land where the crematorium was later built.

The petitioners claimed that, at some point, a highly influential individual hired a contractor to begin constructing a crematorium on the site designated for a petrol pump. They argued that the two housing societies located nearby were significantly impacted by this change.

The petition further pointed out that the crematorium was situated in the midst of residential areas and commercial shops, and was in close proximity to a school and its playground, which could negatively affect the children.

The petitioners also highlighted concerns about the use of wood during cremations, which caused fires, smoke, and unpleasant odours, leading to air pollution. They emphasized that these issues were detrimental to both the mental and physical well-being of the residents.

The petitioners initially approached CIDCO in 2023, requesting the removal of the crematorium, prompting the authorities to take action, as reported by The Indian Express.

However, they alleged that residents of Kharkopar village, who used the crematorium in Sector 9, gathered in large numbers and prevented an attempt to demolish it when the Chief Controller of Unauthorized Constructions tried to take action in November 2023.

The residents also organized a large protest against the demolition, according to the petition. It also pointed out that an alternative crematorium in Sector 14, just 15 to 20 minutes away from the contested site, was available for use by Kharkopar residents.

The residents of Kharkopar village informed the court that the crematorium in Sector 9 had been in place for over 250 years and was not illegal, as reported by Live Law. They argued that CIDCO had provided funding and issued work orders for its construction and renovation.

Moving the crematorium to a different location would create difficulties for the local residents, they claimed. However, the court said that it could not accept this contention this argument in its ruling on March 28.

The bench stated that it could not accept the argument that the crematorium should remain in Sector 9 simply because villagers would need to travel further to use the new crematorium. It emphasized that this reason was insufficient to justify keeping the current crematorium in place.

The court reiterated that citizens do not have the right to choose a specific location for cremation or burial, and it is the responsibility of the authorities to address the public's needs.

In this case, it pointed out that CIDCO had already provided a fully operational crematorium. The bench also agreed with the petitioners, noting that the fire and smoke from the crematorium were negatively impacting nearby schools, playgrounds, and residential societies.