The Bombay High Court has ruled that people cannot demand to cremate or bury the dead at a specific place, as the authorities must provide proper facilities. The decision was made by Justices AS Gadkari and Kamal Khata while hearing a case filed by two housing societies in Ulwe, Navi Mumbai, who opposed the construction of a crematorium near their homes.
The Bombay High Court said that the City and Industrial Development Corporation of Maharashtra Limited (CIDCO) had already provided a fully functional crematorium just 3.5 km away from the disputed site. The court found it unusual that villagers insisted on keeping a crematorium near the housing societies when another facility was available.
The bench stated that CIDCO, as the planning authority, is responsible for providing crematoriums, and citizens do not have a fundamental right to demand a specific location for cremation or burial. The petitioners, representing two housing societies, argued that the plot was originally reserved for a petrol pump in CIDCO’s Development Plan.
They claimed that the unauthorized crematorium caused air pollution and foul smells from wood-based cremation, affecting their mental and physical health. Since another crematorium was just 15–20 minutes away, they saw no need for an additional one near their homes.
Villagers from Kharkopar opposed the petition, arguing that their old crematorium had been in use for over 250 years and needed an upgrade. They said that travelling to another crematorium would be difficult and inconvenient. They also pointed out that the housing societies were newly developed and could not demand the relocation of an established cremation site.
CIDCO explained that the initial plan was to build a crematorium on a different plot in Ulwe, but the project was scrapped due to technical and environmental concerns related to wetlands. As a result, a new crematorium was built near the housing societies.
In November 2023, after receiving complaints, CIDCO tried to demolish the crematorium, but villagers staged large protests, stopping the demolition. CIDCO stated that while villagers opposed its removal, there was no strongÂ
reason to keep the crematorium near the societies when another one was already available.
In its final ruling, the Bombay High Court upheld CIDCO’s decision to relocate the crematorium, stating that the authority had acted within its legal powers. The bench concluded, “We find no reason to interfere with this decision.”
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