Take Immediate Steps To Acquire Land Required For Common Burial Purpose: Meghalaya High Court To State Govt
LIVELAW NEWS NETWORK
9 July 2025 7:10 PM IST
The Meghalaya High Court on Monday (July 7) directed the State Government to take immediate steps to acquire the required area of land for common burial purpose concerning various communities in the State.
The court directed this after noting that "common burial grounds" are very few in number compared to the number of dead and the demand for space for their interment.
The division bench the Chief Justice I.P. Mukerji and Justice W. Diengdoh was hearing a PIL concerning facilitating the cremation of persons belonging to Khasi and Jaintia communities on one hand and those embracing the Hindu religion on the other hand, throughout the State of Meghalaya. The main issue was regarding dearth of crematoria and the lack of willingness of the two communities to share a particular crematorium.
Vide its order dated May 8, 2025, the Court extended the scope of the PIL to include burial disputes between various denominations of the Christian faith, over sharing a cemetery. It had then enlarged the scope of the writ petition to include the Christian community also.
The Court perused the reports filed by the Additional Advocate General and the Amicus Curiae, respectively. The Court observed that meetings were held between the Amicus Curiae and the public authorities.
“The result of these meetings appears to be that some Christian denominations, through churches and other religious orders, own private cemeteries. Those denominations having private cemeteries are reluctant to share their cemeteries with other denominations. They have no objection to sharing cemeteries which are acquired by the government or public authority and designated for common burial for all communities irrespective of faith,” the Court noted.
“Villages or at least a significant number of them have community land belonging to the village people in common. A part of it may be gifted for common burial purpose. However, substantial land is required across the districts for the above common burial purpose, if any progress is to be made towards solving this problem,” the Court said.
It observed that these lands need to be acquired by the government through the land acquisition machinery or through private sale or treaty.
"We direct that immediate steps be taken by the State government to acquire the required area of land for common burial purpose either by acquisition or private treaty," it said.
The Court further directed the Amicus Curiae to move the Chief Secretary of the State so that a Committee comprising of a selection of the undermentioned stakeholders in which the Chief Secretary shall be the Chairperson is constituted by him and meeting/meetings be arranged between all stakeholders, including representatives of the District Councils, representatives of churches/religious orders, administrative officers, state legal counsel, local functionaries etc. for the purpose of acquisition of land for common burial and for implementation of the Court's orders.
“….Minutes of the meeting are to be recorded and contained in a report to be filed in this Court by the Amicus Curiae before the returnable date. Considering the scope of this PIL, in the same meeting resolution of the dispute regarding sharing of cremation ground may also to be discussed and decision taken,” the Court said.
Case Title: Re-Seng Khasi Hima Crematorium v. State of Meghalaya
Case No.: PIL No. 10 of 2023