Andhra Pradesh High Court Dismisses Plea Challenging Allotment Of Govt Land As Burial Ground For Muslim Community

In this regard, Justice T.C.D. Sekhar held,

"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."

Background

The Court was dealing with a writ petition filed by residents of Lakshmi Narasimha Towers-1 (petitioners) challenging the allotment of land at Sy. No. 138/1 of Chinamushidiwada Village, Pedurthi Mandal, Visakhapatnam District of Chinamushidiwada Village, Pedurthi Mandal, Visakhapatnam District, as a burial ground for the Muslim community. The specified land was situated on the northern side of where the petitioners resided.

At the recommendation of the Masjid-E-Noorani Committee, the said land was proposed as a burial ground for the Muslim community. On coming to know of this fact, the petitioners made a representation dated 26.09.2022 claiming that the land lay adjacent to their residential apartments and further requested that it should not be allotted for the purpose of burial. When there was no action on the representation filed, the petitioners approached the High Court.

The land was being allotted during the Covid pandemic, and the petitioners contended that the said allotment would put them to sufferance. It was further submitted that if the land is allotted as burial ground, it may lead to contamination of groundwater, causing health hazards to the residents of Lakshmi Narasimha Towers.

The respondents argued that the Masjid-E-Noorani Committee had requested for the land in question to be allotted as a burial ground as the existing burial ground of the Muslim community was affecting the 60-0 master plan road widening project. It was further contended that the land existed adjacent to the burial grounds of Hindu and Christian communities, and prior to the impugned allotment, there had been no complaints of contamination of groundwater or any other concern raised by the petitioners.

The Court observed that the petitioners had not placed any evidence on record showing how the allotment of the land as a burial ground would contaminate the groundwater and act as a health hazard for the residents.

Noting that the allotment had taken place after following due procedure and to provide an alternative land as a burial site, as the existing burial ground was affected in the 60-0 master plan, the Court dismissed the petition.

Case Details

Case Number- W.P.No. 34697 of 2022

Case Name- Bhashyam Venkata Rao and Others vs The State Of Andhra Pradesh and Others

Date- 22.04.2025