Meghalaya High Court Directs Immediate Land Acquisition For Common Burial Grounds | Orders State To Resolve Christian Cemetery Sharing Disputes | Expands PIL Scope To Cover Cremation Needs Of All Faiths
Sanchayita Lahkar
The High Court of Meghalaya Division Bench of Chief Justice I.P. Mukerji and Justice W. Diengdoh issued directives requiring the State Government to acquire sufficient land for common burial purposes across districts and resolve disputes over crematorium and cemetery use among religious communities. The Court instructed the formation of a committee headed by the Chief Secretary to engage with all stakeholders for implementation and compliance. The Bench mandated immediate government action, stakeholder coordination, and timely reporting before the next hearing date.
This public interest litigation (PIL) initially emerged to address the lack of adequate cremation facilities for Khasi, Jaintia, and Hindu communities in Meghalaya. The central issue presented to the Court involved a shortage of crematoria and a lack of mutual agreement among these communities regarding shared use of cremation grounds.
By order dated 8th May 2025, the Division Bench expanded the scope of the petition to include burial-related disputes among various Christian denominations. These disagreements involved resistance to sharing cemeteries. The Court accordingly extended the reach of the PIL to encompass Christian community interests, particularly in relation to common burial grounds.
Pursuant to this directive, notices of the PIL were dispatched to the three District Councils. The Registrar General of the High Court ensured that the said notices were duly sent. However, the records indicated that none of the District Councils appeared before the Court in response.
A comprehensive report prepared by Shri Sibhi C. Shadu, Secretary to the Government of Meghalaya, Community and Rural Development Department, was submitted to the Court by learned Additional Advocate General Mr. K. Khan. A corresponding report was also filed by Amicus Curiae Mr. N. Syngkon. Both reports were examined by the Bench. Further, both the Additional Advocate General and the Amicus Curiae made extensive oral submissions before the Court.
Following earlier judicial directions, a series of meetings were conducted involving the Amicus Curiae and public authorities. According to the records, the meetings revealed that several Christian denominations, through their respective churches and religious orders, held private ownership of cemeteries. These denominations expressed reluctance to allow the use of their cemeteries by members of other denominations.
However, there was no expressed objection by such denominations to share cemeteries that had been acquired by the government or other public authorities for common use, provided these were designated for interment without distinction of faith.
Despite this concession, the Court recorded that "these common burial grounds are very few in number compared to the number of dead and the demand for space for their interment." The report further stated that villages across the state commonly possess community lands, which belong to the villagers jointly. Portions of such lands could potentially be gifted for use as common burial spaces.
The submissions made before the Court stated that a substantial quantum of land was necessary to establish sufficient burial grounds across districts. Accordingly, it was stated that such land should be acquired either through the formal land acquisition process by the State or through private sale or treaty.
The Bench acknowledged these representations and, through judicial directive, instructed the State Government to proceed with acquiring suitable lands either by acquisition or private arrangements. It also mandated the creation of an inter-agency Committee chaired by the Chief Secretary of Meghalaya, with representation from key stakeholders.
The objective of the Committee would be to deliberate upon acquisition modalities, common burial infrastructure development, and resolution of cremation-sharing disputes.
In its judicial reasoning, the Court "extended the scope of the writ to include burial disputes between various denominations of the Christian faith, over sharing a cemetery." It was further "enlarged ... to include the Christian community also."
On the lack of participation by the District Councils, the Bench noted: "From the records, it appears that the Registrar General has duly sent out these notices to the said Councils. However, none appears for them."
Concerning the factual inputs provided by the State and the Amicus Curiae, the Court recorded: "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."
Further noting the collaboration between legal representatives and authorities, the Court stated: "Further to our previous order, meetings were held between the Amicus Curiae and the public authorities."
On the issue of cemetery ownership, it was observed: "Some Christian denominations, through churches and other religious orders, own private cemeteries. Those denominations having private cemeteries are reluctant to share their cemeteries with other denominations." Nonetheless, the Bench remarked that "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."
Stating the inadequacy of existing facilities, the Court noted: "Now, these common burial grounds are very few in number compared to the number of dead and the demand for space for their interment."
Regarding community-owned lands, the Bench recorded: "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."
Finally, stressing the need for a solution, the Court noted: "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."
The High Court directed: "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."
Further, the Court stated: "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 the Chairperson is constituted by him."
The Committee was tasked with arranging meetings involving "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."
The Court specified that "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." Additionally, it instructed that "in the same meeting resolution of the dispute regarding sharing of cremation ground may also to be discussed and decision taken."
The matter was made returnable on 30th July 2025.
Advocates Representing the Parties:
For the Petitioners: Mr. N. Syngkon, Amicus Curiae
For the Respondents: Mr. K. Khan, Additional Advocate General with Mr. S. Sengupta, Additional Senior Government Advocate and Mr. J.N. Rynjah, Government Advocate
Case Title: Re-Seng Khasi Hima Crematorium vs State of Meghalaya
Case Number: PIL No. 10 of 2023
Bench: Chief Justice I.P. Mukerji and Justice W. Diengdoh
