Court holds no community has a justiciable right to demand allotment of a particular plot for a graveyard; petition dismissed.
The Allahabad High Court has dismissed a writ petition filed by the Christian Community Welfare Society seeking allotment of a specific piece of barren land in Ghaziabad for use as a Christian cemetery, ruling that conversion of Gaon Sabha or local body land into public utility land is essentially an executive function and cannot be claimed as a matter of right.
A Division Bench of Justice J.J. Munir and Justice Indrajeet Shukla was hearing the petition challenging an order dated January 7, 2026, by the Additional District Magistrate (Administration), Ghaziabad, which had refused to convert khasra no. 1(minjumla), measuring 0.3420 hectare at Village Visokhar, Modi Nagar, from usar land into land reserved for a Christian cemetery.
The Society had argued that members of the Christian community in the area were facing hardship in performing funerals and last rites, and that the proposed land had already been recommended by the Nagar Palika Parishad, Modi Nagar through a resolution passed in 2018. It was also contended that the existing Christian cemetery at Begamabad Budana was short of space and that denial of the land affected the community’s fundamental right to freedom of religion.
However, the Court found that the authorities had considered the matter on the basis of a report from the Sub-Divisional Magistrate, Modi Nagar, who noted that the land was recorded as barren land, was not traditionally used as a graveyard, and that allotting it to the Christian community could lead to communal tensions and similar demands from other communities. The report also pointed out that a Christian cemetery already existed in nearby Begamabad Budana.
The Bench observed that under Section 59(4)(ii) and Section 77(1) and 77(2) of the Uttar Pradesh Revenue Code, 2006, conversion of barren land into public utility land such as a graveyard is a matter for the State’s executive discretion. The Court emphasized that no person or community has a legally enforceable right to demand conversion of a particular plot into a graveyard.
While acknowledging that the right to perform last rites in accordance with religious beliefs may fall within the scope of freedom of religion, the Court said that such a right cannot be enforced in a way that compels the State to reserve a specific parcel of land for one community alone. The authorities, the Court said, may consider requests for suitable land if there is a genuine need, but always keeping in view broader public interest and local circumstances.
Finding nothing justiciable in the impugned order, the High Court declined to interfere under Article 226 of the Constitution and dismissed the petition.
Bottom Line:
Uttar Pradesh Revenue Code, 2006 - Conversion of Gaon Sabha/local body barren land into public utility land for graveyard/cemetery is an executive decision - No person or community has a justiciable right to seek reservation of a particular plot for cemetery - Refusal to allot a specific land for Christian cemetery does not, by itself, violate freedom of religion.
Statutory provision(s): Uttar Pradesh Revenue Code, 2006 Sections 59(4)(ii), 77(1), 77(2), Constitution of India, 1950 Article 25
Christian Community Welfare Society v. State of U.P., (All)(DB) : Law Finder Doc id # 2996330
