Andhra Pradesh High Court Dismisses Challenge To Allotment OF Burial Ground To Muslims Adjacent To Hindus And Christians

The Andhra Pradesh High Court has dismissed challenge to the allotment of government land to Muslim Community for burial in the Visakhapatnam District.

The Court was considering a Writ Petition seeking declaration of a letter allotting the Government land for burial purpose to Muslim Community as illegal and arbitrary, against the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and violative of Article 14 and 21 of Constitution of India.

The bench of Justice T.C.D. Sekhar observed, "It is pertinent to mention that, the proposed land was identified for burial ground inasmuch as the existing burial ground was affected in 60-0 master plan. The respondents, after following the procedure contemplated under law and taking into consideration of all the aspects including the feasibility, identified the proposed land admeasuring an extent of Ac.0.16 cents in Sy.No.138/1, for allotment of burial ground, which is adjacent to existing burial grounds of Hindu and Christian religions. From the foregoing reasons, the interference of this Court is not warranted."

The Petitioner was represented by Advocate Sudhir Mattegunta while the Respondent was represented by Senior Counsel K. Madhava Reddy.

Facts of the Case

It was the case of the Petitioners that they are residing in Lakshmi Narasimha Towers-1, situated in Chinamushidiwada Village, Pedurthi Mandal, Visakhapatnam District. It was their further case that, on the northern side of Sri Lakshmi Narasimha Towers, there is a vacant land which was proposed for burial ground for Muslim community on the request of Masjid-E-Noorani Committee. On coming to know about the proposal to allot land for burial ground adjacent to their residential apartments, they made a representation requesting not to allot the said land for burial grounds which was not considered.

On the other hand, the Respondents, filed counter affidavits inter alia stating that, the existing burial ground of Muslim Community is affected by road widening, and hence the Masjid-E-Noorani Committee requested for allotment of alternative land for burial ground. It was further averred in the counter affidavit that, the proposed burial ground for Muslim community was situated adjacent to Hindu and Christian burial grounds which were being used from times immemorial. Taking into consideration of the feasibility and other aspects, after following the procedure as per Section 570 of Municipal Corporation Act, the disputed land was was allotted for burial ground. It was further stated that, for the past thirty years there were no complaints have been received from the Residents with respect to any contamination of ground water.

Reasoning By Court

The Court relied on the statements in the counter affidavit filed by the Respondents and rejected the challenge so posed by the Petitioners.

"..... it is categorically averred in the counter affidavits that, abutting to the proposed land, there are existing burial grounds belonging to Hindu and Christian religions. It is further not in dispute that, the said burial grounds are in existence since times immemorial. The petitioners have neither disputed the same nor filed any reply denying the said averments. In the absence of any evidence, the contentions raised by the petitioners cannot be believed. Apart from the same, the petitioners have not placed anything to show that there were complaints with regard to contamination of ground water and the alleged health hazards of the residents of the apartments," the Court observed.

The Petition was accordingly dismissed.

Cause Title: Bhashyam Venkata Rao and Others vs. The State Of Andhra Pradesh and Others

Appearances:

Petitioner- Advocate Sudhir Mattegunta

Respondent- Senior Counsel K. Madhava Reddy, Government Pleader for Revenue, Government Pleader for Municipal Admn. Urban Development

Click here to read/ download Order