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~By Kunal Rao

The Delhi High Court recently dismissed a petition that sought legalisation of burials on government ground that has not been allotted for such purpose. This was a challenge against a sub-divisional magistrate’s order that had ordered stoppage and removal of all such burials in the land. The court upheld the magistrate’s order, saying it found no illegality in that order.

The high court observed: “No person has any right to use any open land, especially government land, indiscriminately as a burial ground.”

The petition in the high court was filled by the NGO Kabristan Intzamia Association, challenging the lower court’s order regarding the use of government land near Vipin Garden, Uttam Nagar, West Delhi as a burial ground.

The petitioner claimed that on the statement made by a Member of Legislative Assembly (MLA) the petitioners had started using that government land as a burial ground.

The sub-divisional magistrate had considered the legal aspect of the case and had issued notice under section 133 of the CrPC on August 1, 2017. The magistrate had issued the ‘Conditional order for removal of Nuisance’ from the said public land.

The high court bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar observed: “We didn’t find any illegality in the said order passed by Sub-Divisional Magistrate on 1st August 2017 and all parties have to strictly abide by the law.”

The bench also said that authorities are entitled to take strict action against the violation of the said order of the sub-divisional magistrate.

(Read the high court order here)

—India Legal Bureau

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