V NAGARAJU Vs. KADAPA MUNICIPAL CORPORATION

JUDGEMENT

(1.) This public interest litigation is filed to declare the action of respondent Nos. 1, 3 and 4 in not prohibiting respondent No. 2 from converting Ac. 6.14 gts., of land in Sy. No. 267 (re-survey No. 315) of Nagarajupalle Village, Kadapa, into burial ground, as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India, and the Hyderabad Municipal Corporation Act, 1955 and consequently to direct respondent Nos. 1, 3 and 4 to take appropriate action to stop the burial or disposal of the dead bodies in the said land. The case of the petitioners is that the subject land is not being used as burial ground for a long time, although it is admitted by them that in the year 1964 the land was declared as burial ground. It is further stated that as per Section 566 of the Hyderabad Municipal Corporation Act, 1955 (for short, 'the Act'), which is applicable to respondent - Corporation, every owner or persons having control of any place used for disposal of the dead bodies shall apply, in a prescribed format, to the Commissioner within a period of six months from coming into force of the Act to register the same and the Commissioner shall cause the same to be registered. Under Section 567 of the Act, the Commissioner is empowered to provide the other fit and convenience place for disposal of the dead bodies in the event of the Commissioner coming to a conclusion that the existing place for the disposal of the dead bodies appear to be insufficient. Section 568 of the Act mandates that no place which has not previously been lawfully used as a place for the disposal of the dead bodies and registered as such, would be opened by any person for such purposes without the written permission of the Commissioner. It is alleged that without following the said Rules, when respondent No. 2 is taking steps to convert the land into a burial ground, they filed the writ petition.

(2.) The Commissioner of respondent - Municipal Corporation has filed a counter affidavit stating that as per the authenticated record, such as A.P. Gazette notification published in the year 1964, resurvey and resettlement register, letter dt. 7.3.2011 issued by the Assistant Survey Commissioner of Wakf, Andhra Pradesh, Hyderabad, and the photographs of old tombs, prove that the land is an old and existing Muslim burial ground, and there is no merit in the public interest litigation. Said documents were also placed before us. Respondent No. 2 has also filed a counter affidavit to the same effect.

(3.) From the facts stated in the petition and from the documents produced by the respondents counsel, it appears to us, and it is not in dispute, that as per the Notification which was issued on 6.2.1964 in A.P. Gazette, the subject land was declared as burial ground. Maintenance of the graves and the said land was specifically mentioned in the said notification. The Municipal Corporation of Kadapa also spent money of Rs. 28,00,000/- in 2009 and 2010 for improvement of said burial ground as stated by the Commissioner of the respondent - Corporation. Thus, from the material placed before us, it appears to us that since 1964 the land was used and is still being used as burial ground. Hence, we do not find that there is any reason to interfere in the matter in question. Accordingly, the public interest litigation is disposed of. The interim orders stand vacated. The respondent authorities are at liberty to take necessary steps for maintenance of the said burial ground, in accordance with the provisions of law. No costs.