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VIBIN C Y   26 May 2021

Graveyard next to residential property

We live in a layout that was privately developed by contractors. This was a village about 10 15 years back and is completely urbanised now. When we bought our property the property behind us was specified as private land and few families bury there. However now it is frequent burying and I need to find a way to stop this. or let government take over and maintain it.


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 11 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 May 2021

Who exactly manages the burial ground and whether they have any papers showing the area designated as a burial ground.

This is a problem faced by many in the outlying areas of fast-developing towns and cities with houses coming around cremation/burial grounds. The point here is that whether the burial ground is created after all the people had their houses there in your area or when the burial ground was already there for several years, the houses have come around it?

When it is the latter, while purchasing itself, caution should have been exercised. To try to get the burial ground shifted shall be a difficult task as it has been there much before the area was developed and an alternate site is to be allotted for the purpose. Anyhow, you may bring the matter to the municipal/panchayat authorities seeking their intervention in getting the burial ground shifted or take the management of the burial ground. You may get the cooperation of all people around the burial ground.

VIBIN C Y   27 May 2021

It just looks like it is a land given by the some landlords of the village to bury people of the village. However, it looks like it has been operating without any burial ground registration and no maintainance. There is no proper paper verification before burial. What are our options as residents if the land is not registered as burial ground. Can we file a petition and ask for stay and also stop any further burial?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 May 2021

Okay. There must be some connection to Panchyat/Municipality and the graveyard as the deceased persons buried therein need to be accounted for and Death Certificate issued to the relatives for various purposes. Therefore, it has been in official records for a long time.

 

Now that the area is fully developed into a residential colony and having a grave yard among the residential houses may cause psychological and health issues to the residents.  You may organize a mass representation to the authorities concerned duly seeking the local MLA and MP besides the Corporator in the area. This may result in efforts by the Panchayat/Municipality to shift the grave yard to another place. Individual effort may not yield much result.

VIBIN C Y   27 May 2021

Thanks for the response. This is helpful. The residents in this area are united and want to stop the burial. Can you also provide more details on how to get this started, which authorities to be approached

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 May 2021

We may not be able to specifically enunciate the procedure to go about in such matters. Beforehand collect all the relevant details as to who is managing the graveyard,  As already advised, you may collectively approach the local Panchyat/Municipality/Corporation Officials and Panchayat Member/Councilor/Corporator, and depending upon the response and helpfulness, the matter can be further escalated. Collective action/pressure may yield results over a period of time. In Hyderabad city itself, we have been witnessing even crematoriums existing next door to the apartment complexes, grave yards in the heart of the city like Himayatnagar, etc. So this is not a matter affecting many people in almost all towns/cities and it is a civic problem and society at large has to deal with it amicably with discussions and concensus.

Sankaranarayanan (Advocate)     27 May 2021

yes first ascertain the detail from the local panchayat and if its belongs to private land and its used unauthorized  for  cremation purpose wrongly, then you all can file a complaint with the local authorities, if its not materialized then you can give representation to the District collector and then file a case and find solutions

G.L.N. Prasad (Retired employee.)     27 May 2021

If the burial ground is being used for more than 30 years and existing when you have purchased the property, for your convenience they can not ignore such easement rights of a public interest property..  With full knowledge that there is a burial ground, the property was purchased.  You can not alone fight against such public utility activity.  Form as a committee, let authorities show alternate accommodation for the burial ground and then stop such activity after a separate facility was given to them.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 May 2021

Houses side by or very near to burial ground is not good. There is a heavy negative force covering in that location, it is not good and may harm to your positive thinking life.

Instead of constructing the mansion side by burial ground it may be better to dispose of the land and buy another good Plots in your town.

Nowadays many burial grounds have encroached and people are not looking for these principles. For them, there is no answer.

Elders' recommendation is not to buy the edifice side by to the burial ground or servitude ponds.

T. Kalaiselvan, Advocate (Advocate)     27 May 2021

 

No person has any right to use any open land, especially government land, indiscriminately as a burial ground,

This is largely based on people's personal beliefs and superstitions. Many people consider it taboo to live near a graveyard.

 Indians hold similar beliefs, too. Hinduism and Vaastu greatly influence their buying behavior.

If the graveyard/burial ground existed even before you bought the property then you may not be able to get it removed, hence ascertain the facts and plan tio resort to any action including legal action.

P. Venu (Advocate)     29 May 2021

Admittedly, the graveyard is private land had been in existence much prior to the construction of the residential complex. As such, there are limitations for the Government to interfere and regulate.

Irrespective of the sentiments, graveyard is a basic need. It is preprosperous to assume that the basic needs of the village community ought to be subservient to the sentiments of those who claim or pretend to be urbanised.

ABHI 444   27 October 2023

Respected sir can we oppose a cemetry (Graveyard) that is going to be constructed beside my property (The property belongs to my father more than 100 years ago)


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