(S.A. Bobde and L. Nageswara Rao, JJ.)
Sattar @ Sattar Khan and Anr. _______________________ Appellant(s)
v.
High School Boardng Committee & Ors. ______________ Respondent(s)
Civil Appeal No. 2323 of 2007, decided on February 15, 2018
The Order of the court was delivered by
Order
1. This appeal is directed against the judgment and final order dated 16.07.2002 passed by the High Court of Madhya Pradesh, Bench at Indore in S.A. No. 711 of 1974.
2. Heard learned counsel for the parties.
3. The dispute in the present matter is regarding the availability of land for a muslim burial ground. The High Court has observed that the plaintiffs who were muslims are entitled to a declaration that 2.49 acres of land is being used as a graveyard for the time immemorial.
4. Shri V.A. Mohta, learned senior counsel appearing for the appellants pointed out, in our view rightly, that the need for a burial ground only increases with the passage of time since more deaths take place every year. This submission has not been denied on behalf of the respondents. The High Court in the penultimate paragraph has expressed the hope that the State and Local Administration will ensure providing land on the outskirts of the city for the purpose of burial of the deceased of the Muslim community. The extract of the land and its location is, however, not specified. The State has also not yet taken any steps to locate and demarcate the area for the said purpose for handing over to the Muslim community.
5. In the circumstances, we consider it appropriate to direct the State to identity and locate suitable land on the outskirts of Khargone for being handed over to the Madhya Pradesh Wakf Board for this purpose in terms of Land Disposal Rules. The State shall assess the need of such land having regard to the rate of death in the community as reflected in the Register of births and deaths or any other record; demarcate the land as will be reasonably required keeping in view the future needs, as per the rate of death, and the re-use of graveyard, if any. The State shall take a decision after giving a hearing to the appellants and the Madhya Pradesh Wakf Board as regards the allotment of land and communicate the same to the Madhya Pradesh Wakf Board within a period of two months from the date the parties appear before the Secretary, Department of Revenue, Bhopal on 12.03.2018.
6. We may note that this order shall not be construed to mean that the present area of 2.49 acres of land granted by the High Court shall in any way be affected.
7. The appeal stands disposed of in above terms.
Civil Appeal No. 2323/2007
Sattar @ Sattar Khan & Anr _________________________ Appellant(s)
v.
High School Boarding Committee & Ors _____________ Respondent(s)
Date : 15-02-2018 This appeal was called on for hearing today.
(Before S.A. Bobde and L. Nageswara Rao, JJ.)
For Appellant(s) Mr. V.A. Mohta, Sr. Adv.
Mr. Shakil Ahmed Syed, AOR
Mohd. Parvez Dabas, Adv.
Uzmi Jameel Husain, Adv.
Mr. Neelkanth, Adv.
For Respondent(s) Mr. S.S. Khanduja, AOR
Mr. Yash Pal Dhingra, AOR
Mr. Prdyush N., Adv.
Mr. Sunny Choudhury, Adv.
Mr. Arjun Garg, AOR
UPON hearing the counsel the Court made the following
Order
8. The appeal stands disposed of in terms of the signed order.
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