Calcutta HC orders inspection of cremation land in West Midnapore

KOLKATA: The Calcutta High Court has directed the state to carry out an inspection and submit a report regarding a plot of land which was being used by people of six villages in West Midnapore as a crematorium since the 1900s until recently, when objections were raised and resistance was allegedly posed.

The Bench of Chief Justice TS Sivagnanam and Justice Bivas Pattanayak was moved by the petitioners whose counsel submitted that people from six villages used a particular plot of land for cremation since the 1900s. However, in 2018, by the instigation of the private party, locals living near the plot began objecting to cremations taking place at the said plot.

The court was told that it was a vested land and an RTI reply from the BL&LRO office confirmed that it was classified as a ‘samsan.’ The court was informed that the Keshiary Gram Panchayat has instead suggested that there is a nearby plot of land which is already being used for cremation and that be used instead of the concerned plot of land which is an open space. The court observed that from the information obtained from the BL&LRO information under RTI Act, it was seen that an extent of 0.70 acres was classified as cemetery ‘samsan’. The court said: “As long as the land is ‘samsan,’ private respondent has no jurisdiction to object to the plot being used for cremation”.

The court directed the BL&LRO to conduct inspection and earmark the boundary of the cemetery and submit a report. “Authority shall also answer as to why a direction should not be issued to appropriate authority to construct a boundary wall around the samsan and requisite protection be granted so that cremation can continue without disturbance,” the court said.