MUZAFFAR MANZOOR KADRI Vs. STATE GOVT. OF GOA

JUDGEMENT

(1.) This Public Interest Litigation concerns the establishment, upkeep and maintenance of crematoria, cemeteries and kabrastans in the State of Goa. The pleadings, at least prima facie, reveal a shortage extending to about 43 crematoria, 50 cemeteries and about 172 kabrastans in the State of Goa. Therefore, the Petitioner seeks mandamus to the State and local authorities to make good this shortfall and further upkeep and maintain the existing facilities.

(2.) This order, however, concerns and disposes of the issue of establishing a kabrastan at Sonsodo within the municipal limits of the Margao Municipal Council (MMC). This issue has been pending at least since October 2009, when the National Commission for Minorities, by its communication dtd. 20/10/2009, drew the attention of the State administration towards the acute lack of place for burials of those professing the Muslim and allied faiths. Accordingly, all Counsel were heard at length.

(3.) As discussed hereafter, the acquisition of land admeasuring approx. 30,100 sq.mtrs. at Sonsodo for establishing a kabrastan was completed in the year 2011. However, for the past 11 years, despite the State administration and the MMC not once doubting or questioning the dire necessity of a kabrastan, no such kabrastan is provided either due to inactivity and bureaucratic obscurantism or for something more than what meets the eye.