No one has the right to indiscriminately use any open land, especially that belonging to the government, as a burial ground, the Delhi High Court has held.
The ruling by a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar came on a PIL challenging a sub-divisional magistrateâ€™s order questioning use of a government land in Uttam Nagar in west Delhi as a burial ground.
The magistrate had issued notice to an Uttam Nagar-based NGO asking it how it came to be in possession of the government land and how it was using it as a burial ground.
The court noted that the petitioner NGO, Kabristan Intzamia Association, had started using the government land on the basis of a statement made by an MLA and â€œno legal right is either pointed out or made out with respect to the subject landâ€.
It held that the sub-divisional magistrate, Dwarka, passed the August 1, 2017 order, which was under challenge, after considering all the matters and there was â€œno illegalityâ€ in the decision.
The bench also said that all the parties have to abide by the magistrateâ€™s decision and directed the local authorities to take strict action for violation of the order.
â€œNo person has any right to use any open land, especially government land, indiscriminately as a burial ground,â€ the court said and dismissed the NGOâ€™s plea.