Case Note & Summary
This public interest litigation was filed before the High Court of Bombay at Goa by Rajeev Sadasiv Lad, a landlord residing in Mumbai, against the State of Goa, the Collector and District Magistrate (North), the Deputy Collector and SDO Pernem, the Village Panchayat of Morjim, the Director of Directorate of Panchayats, and the Police Inspector, Pernem. The petitioner invoked Articles 14, 21 and 226 of the Constitution of India and Sections 94, 95 and 97 of the Goa Panchayat Raj Act, 1994. He alleged that there was no functional public crematorium in Morjim village, forcing villagers to cremate dead bodies on private third-party properties or undesignated public lands, which led to social discord and law and order issues. The petitioner highlighted an existing crematorium at Tembwada-Morjim situated on government land bearing Survey No. 119, admeasuring around 1800 square metres, which was shown in the Regional Plan for Goa-2021 as a public crematorium but remained non-functional on paper. He contended that an overwhelming portion of that land was currently lying unutilized, and only a small portion was being allowed to be used for cremation by persons residing in the immediate vicinity, particularly the local fisherman community, while the general public of Morjim was excluded. The petitioner further submitted that some persons within the Hindu community bury dead bodies according to peculiar customs, while some non-Hindus prefer cremation, and all persons who wish to cremate their near and dear ones ought to be permitted at the existing crematorium. He also relied on the Regional Plan extract showing land reserved for crematorium and photographs of the existing crematorium. The core legal issues before the court were whether a writ of mandamus should be issued to operationalize the existing public crematorium and make it accessible to all irrespective of caste, creed, gender, and in the alternative, whether the Village Panchayat of Morjim should be directed to accept a donation of 500 square metres of land forming part of Survey No. 96/1 for use as a public crematorium. On 25 October 2021, a division bench comprising Revati Mohite Dere and M.S. Jawalkar heard the learned counsel for the parties and issued Rule, made returnable forthwith with the consent of the parties, and took up the matter for final disposal. The extracted judgment text ends before the court's final analysis and order on the merits, so the final decision is not mentioned in the provided excerpt.
Headnote
A) Constitutional Law - Fundamental Rights - Articles 14, 21, 226 Constitution of India - Right of Access to Public Crematorium - Petitioner sought a writ of mandamus to operationalize existing public crematorium at Tembwada-Morjim and make it available to all general public irrespective of caste, creed, gender. The High Court issued Rule returnable forthwith with consent of parties and took up the matter for final disposal - Held that Rule be made returnable forthwith and matter be heard finally (Paras 2-4). B) Panchayat Raj - Statutory Duties of Village Panchayat - Sections 94, 95, 97 Goa Panchayat Raj Act, 1994 - Obligation to Provide Public Crematorium - Petitioner contended that Village Panchayat of Morjim failed to ensure functional public crematorium and allowed only local fisherman community to use a small portion, leaving the rest unutilized. The Court was called upon to decide whether the Panchayat must accept donated land or operationalize the reserved crematorium; final decision not available in extracted text (Paras 3-6). C) Social Welfare - Cremation Rights and Communal Harmony - Articles 14, 21 Constitution - Discrimination in Last Rites - Petitioner argued that all persons irrespective of custom or religion who wish to cremate should be permitted at the public crematorium and reported intermittent social discord. Court's final view not extracted in provided text (Paras 5-6).
Issue of Consideration
Whether existing public crematorium at Tembwada-Morjim reserved under Regional Plan Goa 2021 should be operationalized and made accessible to all members of public irrespective of caste, creed, gender under Articles 14, 21, 226 of Constitution and Sections 94, 95, 97 of Goa Panchayat Raj Act, 1994; alternatively whether donation of land for crematorium should be accepted.
Law Points
- Right to equality under Article 14
- Right to life and dignity under Article 21
- Writ jurisdiction under Article 226
- Statutory duties of Village Panchayat under Sections 94
- 95 and 97 of Goa Panchayat Raj Act
- 1994
- Public crematorium reserved under Regional Plan Goa 2021 must be accessible to all without discrimination
