Case: Sattar and Ors Vs. High School Boarding Committee and Ors

1. This appeal is directed against the judgment and final order dated 16.07.2002 passed by the High Court of Madhya Pradesh, Bench at Indore in S.A. No. 711 of 1974. Heard learned Counsel for the parties.2. The dispute in the present matter is regarding the availability of land for a muslim burial ground. The High Court has observed that the Plaintiffs who were muslims are entitled to a declaration that 2.49 acres of land is being used as a graveyard for the time immemorial.3. Shri V.A. Mohta, learned Senior Counsel appearing for the Appellants pointed out, in our view rightly, that the need for a burial ground only increases with the passage of time since more deaths take place every year. This submission has not been denied on behalf of the Respondents. The High Court in the penultimate paragraph has expressed the hope that the State and Local Administration will ensure providing land on the outskirts of the city for the purpose of burial of the deceased of the Muslim community. The extract of the land and its location is, however, not specified. The State has also not yet taken any steps to locate and demarcate the area for the said purpose for handing over to the Muslim community.

Decision reasoning: 1[ds]3. Shri V.A. Mohta, learned Senior Counsel appearing for the Appellants pointed out, in our view rightly, that the need for a burial ground only increases with the passage of time since more deaths take place every year.This submission has not been denied on behalf of the Respondents. The High Court in the penultimate paragraph has expressed the hope that the State and Local Administration will ensure providing land on the outskirts of the city for the purpose of burial of the deceased of the Muslim community. The extract of the land and its location is, however, not specified. The State has also not yet taken any steps to locate and demarcate the area for the said purpose for handing over to the Muslim community.