New Delhi: A bench led by acting Chief Justice Gita Mittal and Justice C Hari Shankar recently ruled that government land cannot be used as a burial ground.
The bench was considering a petition by the NGO, Kabristan Intzamia Association, which claimed that on the basis of a statement by an MLA, the Muslim organisation had started using the land near West Delhi’s Vipin Garden as a burial ground.
The bench ruled that no person a right to use any open land or government land ‘indiscriminately’ as a burial ground.
“No legal right is either pointed out or made out with respect to the subject land. No person has any right to use any open land, especially government land, indiscriminately as a burial ground,” ruled Delhi High Court.
However, the bench led by the acting CJ stated that “no legal right is either pointed out or made out with respect to the subject land.”
The court further said that the Dwarka sub-divisional magistrate passed the order on August 1, which is under challenge. “Considering all that matters, it seems like there was no illegality in the decision,” said the court.
All parties were also directed to abide by the magistrate's decision and local authorities were told to take strict action against those violating the order.
Earlier this year in a report tabled by the Delhi Minorities Commission, “at least 70 residential colonies, office complexes and prominent buildings in are sitting on what used to be graveyards.” The commission had noted that there was a severe crunch of burial spaces for the community in the city as most of them were being put up for grabs by the real estate players.
Even the Delhi Municipal Corporation has received complaints from several minority groups complaining about the “lack of entombment spaces for their dead”.
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