The Andhra Pradesh High Court has dismissed a plea that challenged the allotment of government land for use as a burial ground by the Muslim community in Visakhapatnam District. The petition was filed by residents opposing the land’s use due to its proximity to their residential complex, citing health and environmental concerns.
Justice T.C.D. Sekhar Rao, while delivering the judgment, emphasized that:
"The proposed land was identified for burial ground as the existing burial ground was affected by the 60-0 master plan. The respondents, after following the legal process and evaluating all aspects including feasibility, identified the proposed land measuring Ac.0.16 cents in Survey No. 138/1. This land is located next to existing Hindu and Christian burial grounds. Therefore, no interference of this Court is warranted."
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The High Court concluded that all necessary procedures were followed, and there was no valid ground to cancel the allotment.
Background of the Case
The issue began when residents of Lakshmi Narasimha Towers-1 objected to the District Collector’s allotment of land in Survey No. 138/1, Chinamushidiwada Village, Pedurthi Mandal. This land lies to the north of their apartments and was proposed to be used as a burial ground for the Muslim community, following a recommendation from the Masjid-E-Noorani Committee.
The petitioners raised concerns in their representation dated 26.09.2022, stating that the site’s close proximity to their homes could lead to groundwater contamination and related health issues. However, there was no official response to their representation, prompting them to file a writ petition in the High Court.
The petitioners argued that the proposed burial ground is located next to their residential complex, which could lead to groundwater contamination and pose health risks, particularly during the COVID-19 pandemic. They claimed the land's proximity to their homes made it unsuitable for such use and submitted a representation requesting cancellation of the allotment.
In response, the authorities stated that the existing Muslim burial ground was affected by the 60-0 master plan road project, and the Masjid-E-Noorani Committee had requested alternative land. The new site was selected after following legal procedures and is situated beside Hindu and Christian burial grounds. The respondents also emphasized that no evidence was presented by the petitioners to prove the alleged health hazards or water contamination.
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The High Court found that the allotment was done lawfully and transparently. The district authorities had considered all relevant aspects before making the decision. It also observed that religious and communal harmony was maintained, as the allotted land was near existing burial grounds of Hindu and Christian communities.
“There were no prior complaints or objections raised when similar burial grounds were located adjacent to this land,” the court noted.
The Court dismissed the writ petition and upheld the decision of the District Collector, allowing the Muslim community to use the allotted government land for burial purposes.
Case Number- W.P.No. 34697 of 2022
Case Name- Bhashyam Venkata Rao and Others vs The State Of Andhra Pradesh and Others
