The Bombay High Court has ruled in favour of four cooperative housing societies in Ulwe, Panvel, in their petition against the construction of a nearby crematorium, which they claim was illegally established.

The court emphasized that individuals do not have a fundamental right to a designated cremation or burial site and upheld the objections raised by residents regarding the crematorium’s location.

Residents from Lakhani’s Blue Waves CHS, Ami’s Planet Mercury CHS, Delta Tower, and Hari Darshan had filed the petition, arguing that the crematorium’s proximity to schools and parks could negatively impact children’s mental well-being. They also cited concerns about air pollution and its potential health effects on the community.

Advocate Ashok T. Gade, representing the petitioners, highlighted that the City and Industrial Development Corporation (CIDCO) had originally allocated the land for a petrol station. However, he alleged that influential individuals had altered the plan to establish a crematorium instead. Despite efforts by the Chief Controller of Unauthorized Constructions (CCUC) to address the issue, local villagers resisted the demolition of the crematorium, insisting on its necessity.

The court acknowledged that an alternative cremation facility exists just 15 to 20 minutes away, which could adequately serve the needs of the villagers. While ruling in favour of the petitioners, the court stated that CIDCO has the authority to decide on the crematorium’s location and saw no compelling reason to challenge its decision. However, it recognized the concerns raised by the societies, particularly regarding the impact on nearby schools and public spaces, affirming that public welfare must take precedence over localized demands.