The High Court has directed a religious institution in a suburban area to stop using its private land as a burial ground. The court also ordered the institution to remove the bodies buried there and rebury them in the officially designated cemetery within 12 weeks. The directive was issued following a petition filed by a local real estate firm that had objected to the burials being conducted on land owned by the institution, located next to its apartment project.

According to the petition, the local municipal corporation had granted a burial ground license to the institution, allegedly violating zoning regulations and legal procedures. The court agreed with the petitioner, observing that the license had been issued “in undue haste” and “in violation of statutory procedure.” It pointed out that the license was approved without collecting the prescribed fee and before the relevant government rules had been sanctioned. The court also noted that the official who granted the license was involved in the rule-making process and should have waited for the government’s approval before acting.

The court further held that the burial ground violated local development and building rules, which permit only one burial facility within a subdivision. It also ruled that the developer had the right to challenge the burial ground, as it directly impacted the value and viability of the apartment project. The court gave the institution 12 weeks to exhume and rebury the bodies. If the institution fails to comply, the local authorities are directed to carry out the task at the institution's expense.

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