Land for Muslim Burial Ground Cannot Be Opposed on Vague Health Concerns When Hindu and Christian Cemeteries Already Exist Nearby: Andhra Pradesh High Court

“No Evidence of Water Contamination or Health Hazard — Religious Bias Cannot Override Legally Sanctioned Burial Allotments”: Andhra Pradesh High Court at Amaravati, in Writ Petition No. 34697 of 2022 (Bhashyam Venkata Rao & Others v. State of Andhra Pradesh & Others), dismissed a public challenge to the government's decision to allot land for a Muslim burial ground. Justice T.C.D. Sekhar held that objections based on alleged health hazards lacked evidence, especially when existing Hindu and Christian cemeteries abutted the very same land.

The Court firmly observed:
“The petitioners have not placed anything to show that there were complaints with regard to contamination of ground water and the alleged health hazards… In the absence of any evidence, the contentions raised by the petitioners cannot be believed.”

The petitioners, residents of Lakshmi Narasimha Towers in Chinamushidiwada village, Visakhapatnam, approached the High Court under Article 226 of the Constitution, seeking to quash the land allotment made through Letter No. 326138/2022-Land-E4 dated 26.09.2022. The government had allotted 0.16 acres in Survey No. 138/1 for use as a Muslim burial ground on the request of the Masjid-E-Noorani Committee, following displacement of an existing cemetery due to a 60-foot master plan road widening project.

The petitioners contended that locating a cemetery near their apartments would cause health risks, especially in the context of COVID-19, and claimed their objections were ignored by the authorities.

The High Court rejected the petitioners’ argument on multiple grounds. It noted that:

“Abutting to the proposed land, there are existing burial grounds belonging to Hindu and Christian religions… which are in existence since times immemorial.”

Critically, the petitioners did not dispute this fact nor file any evidence in rebuttal.

The Court emphasized that:
“The petitioners have neither disputed the presence of Hindu and Christian cemeteries nor proved any issue of groundwater contamination or public health.”

The Court clarified that mere apprehensions, especially those unaccompanied by scientific evidence or official complaints, cannot override lawful administrative decisions taken in public interest. It stated:

“Apart from the same, the petitioners have not placed anything to show that there were complaints with regard to contamination of ground water and the alleged health hazards of the residents of the apartments.”

On the legality of the allotment process, the Court accepted the respondents' submission that the land was selected only after due procedure was followed under Section 570 of the Municipal Corporation Act, and with consideration of feasibility and necessity, given the demolition of the previous Muslim cemetery.

The Andhra Pradesh High Court dismissed the writ petition, holding that religious equality and legal procedure cannot be derailed by unsupported fears. The judgment sends a strong signal against communal bias cloaked as environmental or public health concerns.

Justice T.C.D. Sekhar concluded:
“From the foregoing reasons, the interference of this Court is not warranted… There are no merits in the writ petition. Accordingly, the same is dismissed.”

Date of Decision: 22 April 2025