Andhra Pradesh High Court - Amravati
The Anakapally Nggos Cooperative ... vs The State Of Andhra Pradesh on 28 March, 2022
Bench: R Raghunandan Rao
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.3794 of 2017
ORDER:
The petitioner is an NGGOs Cooperative House
Building Society Limited.
2. The case of the petitioner is:
A. The petitioner had obtained Ac.18.67 cents of land
from the Government and had made a lay out of the said land.
After the necessary permissions had been obtained and a lay
out had been made, the petitioner allotted 288 plots to its
members. At that stage, the land which was kept aside for open
park in the lay out, was being used to bury and burn dead
bodies. Despite various requests made by the petitioner, no
steps were said to have been taken to ensure that disposal of
dead bodies is not carried on in the said land. The petitioner
had also filed a suit in O.S.No.117 of 1997 on the file of
Principal Junior Civil Judge, Anakapalle, for an injunction
restraining the respondents from allowing any unauthorised
burial or burning dead bodies in the said land and the same had
also decreed on 28.03.2007. Steps were also taken for execution
of the said Judgment by way of filing of E.P.No.141 of 2008.
B. The 3rd respondent District Collector had obtained
sanction for grant of Rs.10 lakhs, for construction of compound
wall which had been earmarked for park. However, the
respondents instead of constructing a wall around of the area
earmarked for a park and protecting the said park area, had
taken steps for permitting disposal of dead bodies in the said
land and are effectively converting the land into a burial ground
which is affecting the petitioner and the members of the
petitioner.
3. The 5th respondent filed a counter affidavit
contending that there was an existing burial ground which was
sought to be shown as an open area or park by the petitioner
and that the lay out approval was incorrect. It is also stated that
the land in Sy.No.691, which is sought to be used an alternative
site for the cremation ground is classified as a 'tank' and as
such, the said land cannot be utilised.
4. Section 85 of the A.P.Panchayat Raj Act (for short
'the Act') stipulates that every existing burial ground or burning
ground has to be registered with the Gram Panchayat at the
inception of the Act. Section 86 of the Act requires any person
who seeks to set up a new burial ground to obtain licence from
the Gram Panchayat. In the present case, it appears that no
registration has been undertaken under Section 85 of the Act
nor has any licence being granted under Section 86 of the Act
for using the said land as a burial ground. In the absence of
either registration under Section 85 of the Act or grant of a
licence under Section 86 of the Act, it is clear that such land
cannot be used as a burial ground.
5. In the circumstances, it would be appropriate to
dispose of this writ petition with a direction to the respondents
not to permit any further disposal of dead bodies in the said
land unless the requirements of either section 85 or Section 86
of the Act are complied with. The said compliance will be carried
out only after due opportunity of hearing given to the petitioner.
6. Accordingly, the writ petition is disposed of. There
shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed. There shall be no order as to costs.
____________________________
R. RAGHUNANDAN RAO, J.
28th March, 2022
Note:
Issue CC in two days.
B/o
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.3794 of 2017
28th March, 2022
RJS.
