Bombay HC: Unseal graveyard for Ramzan

Mumbai: In a huge relief to members of the Khoja Shia Ithna Ashari community, the Bombay high court has directed the Union of India (UoI) to unseal a graveyard belonging to the community in Silvassa after the community approached the court seeking relief ahead of the month of Ramzan.

While granting the community’s prayers, temporarily, the court suggested that the Union consider an alternate plot of land for a proposed ring road which is to come up on part of the graveyard land.

A division bench of Justices M.S. Sanklecha and Sandeep Shinde was hearing a writ petition filed by the community seeking directions to the Union of India to unseal their graveyard, a portion of which was to be used for constructing a ring road.

The graveyard had been sealed by the Union of India as community members were visiting it to pray to the departed. The Union of India had in 2014 issued an acquisition notice to the community about 575 sq m of their graveyard land being taken over for construction of the ring road.

When the petition came up for hearing, the community argued that though the notice had been issued four years ago, work on the ring road had not yet started. Notwithstanding, the Union had sealed their graveyard.

The community argued that with the month of Ramzan starting on May 17 and owing to their need to pray to the departed, they should be allowed to visit the graveyard.

The HC accepted the community’s arguments and directed the Union to unseal the graveyard. It also asked the Union to look for an alternate plot.