Re-Seng Khasi Hima Crematorium vs State Of Meghalaya on 7 July, 2025

Meghalaya High Court

Re-Seng Khasi Hima Crematorium vs State Of Meghalaya on 7 July, 2025

Author: W. Diengdoh

Bench: W. Diengdoh

Serial No. 01         HIGH COURT OF MEGHALAYA
Daily List                   AT SHILLONG

     PIL No. 10 of 2023
                                                   Date of order: 07.07.2025
     Re-Seng Khasi Hima Crematorium       vs         State of Meghalaya
     Coram:
           Hon'ble Mr. Justice I.P. Mukerji, Chief Justice
           Hon'ble Mr. Justice W. Diengdoh, Judge
     Appearance:
     For the Petitioner    :   Mr. N. Syngkon, Amicus Curiae
     For the Respondent    :   Mr. K. Khan, AAG with

Mr. S. Sengupta, Addl. Sr. GA
Mr. J.N. Rynjah, GA

i) Whether approved for Yes/No
reporting in Law journals etc.:

     ii)    Whether approved for publication           Yes
            in press:

Note: For proper public information and transparency, any media
reporting this judgment is directed to mention the composition of
the bench by name of judges, while reporting this
judgment/order.

Initially, the scope of this public interest litigation (PIL) was

confined to facilitating the cremation of persons belonging to Khasi and

Jaintia communities on one hand and those embracing the Hindu

religion on the other hand, throughout the State of Meghalaya. The main

issue was regarding dearth of crematoria and the lack of willingness of

the two communities to share a particular crematorium.

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By our order dated 8th May, 2025, we extended the scope of the

writ to include burial disputes between various denominations of the

Christian faith, over sharing a cemetery. We enlarged the scope of the

writ petition to include the Christian community also.

We directed notices of this PIL to be served on the three District

Councils. From the records, it appears that the Registrar General has

duly sent out these notices to the said Councils. However, none appears

for them.

We have carefully examined a very detailed report filed by Mr.

K. Khan, learned Additional Advocate General prepared by Shri Sibhi

C. Shadu, Secretary to the Government of Meghalaya, Community and

Rural Development Department. We have also gone through the report

filed by Mr. N. Syngkon, learned Amicus Curiae appointed by this

Court. Learned Additional Advocate General and Mr. Syngkon have

also made very extensive submissions before us.

Further to our previous order, meetings were held between the

Amicus Curiae and the public authorities.

The result of these meetings appears to be that some Christian

denominations, through churches and other religious orders, own

private cemeteries. Those denominations having private cemeteries are

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reluctant to share their cemeteries with other denominations. They have

no objection to sharing cemeteries which are acquired by the

government or public authority and designated for common burial for

all communities irrespective of faith.

Now, these common burial grounds are very few in number

compared to the number of dead and the demand for space for their

interment.

Villages or at least a significant number of them have

community land belonging to the village people in common. A part of it

may be gifted for common burial purpose. However, substantial land is

required across the districts for the above common burial purpose, if

any progress is to be made towards solving this problem. These lands

need to be acquired by the government through the land acquisition

machinery or through private sale or treaty.

We direct that immediate steps be taken by the State

government to acquire the required area of land for common burial

purpose either by acquisition or private treaty.

We direct the learned Amicus Curiae to move the Chief

Secretary of the State so that a Committee comprising of a selection of

the undermentioned stakeholders in which the Chief Secretary shall be

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the Chairperson is constituted by him and meeting/meetings be arranged

between all stakeholders, including representatives of the District

Councils, representatives of churches/religious orders, administrative

officers, state legal counsel, local functionaries etc. for the purpose of

acquisition of land for common burial and for implementation of our

orders. Minutes of the meeting are to be recorded and contained in a

report to be filed in this Court by the Amicus Curiae before the

returnable date. Considering the scope of this PIL, in the same meeting

resolution of the dispute regarding sharing of cremation ground may

also to be discussed and decision taken.

The Amicus curiae will be paid ₹1 lakh by the State government

as ad hoc renumeration before the returnable date.

We make this application returnable on 30th July, 2025.

           (W. Diengdoh)                               (I.P. Mukerji)
               Judge                                    Chief Justice


Meghalaya
07.07.2025
"Sylvana PS"




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