AI Overview...
Graveyard Cannot be Acquired
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Protection of Graveyards: Several sources emphasize that graveyards, especially those recognized as waqf properties or established under religious laws, are protected and cannot be lawfully acquired or repurposed. Once designated as a graveyard, it retains its identity regardless of the passage of time, and its status cannot be altered by mere passage of time or administrative decisions. Md. Azad Ali VS State Of Bihar - Patna, Anjuman Islamia VS Chandra Prakash Pitaria - Allahabad, Momotaj Bibi, W/o Late Abul Hussain VS State of Assam Represented by the Commissioner and Secretary to the Government of Assam (Land and Revenue Department) - Gauhati, Mohd. Hasan AH VS Mohd. Riajuddin - Andhra Pradesh
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Legal and Administrative Restrictions: Acquisition of land designated as a graveyard requires strict adherence to legal procedures. For instance, land that is a graveyard cannot be acquired without proper notice to relevant authorities such as the Charity Commissioner, and any attempt to do so may be invalid if these procedures are not followed. GULAMMOHMAD A. LAKHADAWALA VS STATE - Gujarat, BABA BHARAT LAL VS STATE OF U. P. - Allahabad, Mohd. Riazuddin VS Government Of A. P. rep. , by its Secretary, Revenue Department - Andhra Pradesh
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Misclassification and Disputes: Courts have found disputes regarding whether land is truly a graveyard or used as one. Evidence such as survey reports, land records, and local usage are critical. In some cases, land claimed as a graveyard was found not to be one, or the land was used for other purposes, leading to the conclusion that it cannot be forcibly acquired as a graveyard. Intizamia Committee VS State - Jammu and Kashmir, Mohd. Hasan AH VS Mohd. Riajuddin - Andhra Pradesh
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Public and Religious Protections: Graveyards, especially those recognized under religious laws (e.g., Muslim waqf properties), are protected under law, which prohibits their alteration or destruction. The law states that a graveyard cannot lose its character or be converted for other uses, and any change requires specific legal procedures. Anjuman Islamia VS Chandra Prakash Pitaria - Allahabad, BABA BHARAT LAL VS STATE OF U. P. - Allahabad
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Implication for Acquisition: Land designated as a graveyard, once legally recognized, cannot be acquired for other purposes such as building schools or residential projects unless it is legally de-notified or reclassified through proper legal channels. Unauthorized attempts to do so are invalid and can be challenged in courts. Md. Azad Ali VS State Of Bihar - Patna, Momotaj Bibi, W/o Late Abul Hussain VS State of Assam Represented by the Commissioner and Secretary to the Government of Assam (Land and Revenue Department) - Gauhati, Mohd. Hasan AH VS Mohd. Riajuddin - Andhra Pradesh
Analysis and Conclusion
The consensus across the sources indicates that graveyards are protected under law and cannot be lawfully acquired or repurposed without following strict legal procedures. Once land is recognized as a graveyard, especially under religious or waqf laws, it retains its character indefinitely, and any attempt to acquire it without proper legal clearance is invalid. Courts have reinforced that such land cannot be converted for other uses arbitrarily, emphasizing the importance of respecting religious and legal protections associated with graveyards. Therefore, graveyards cannot be legally acquired unless explicitly de-notified or reclassified through lawful procedures.
References: - Md. Azad Ali VS State Of Bihar - Patna - GULAMMOHMAD A. LAKHADAWALA VS STATE - Gujarat - Anjuman Islamia VS Chandra Prakash Pitaria - Allahabad - Intizamia Committee VS State - Jammu and Kashmir - BABA BHARAT LAL VS STATE OF U. P. - Allahabad - Mohd. Riazuddin VS Government Of A. P. rep. , by its Secretary, Revenue Department - Andhra Pradesh - Mohd. Hasan AH VS Mohd. Riajuddin - Andhra Pradesh - Momotaj Bibi, W/o Late Abul Hussain VS State of Assam Represented by the Commissioner and Secretary to the Government of Assam (Land and Revenue Department) - Gauhati
Search Results for "Graveyard Cannot be Acquired"
2010 0 Supreme(Pat) 1728 • India - Patna
SHEEMA ALI KHAN
Officer has gone beyond the scope of the order of reopening-Collector directed to make enquiry and. if it is found that it is a graveyard ... Needless to say, if the Collector finds that it is graveyard or it is utilized by the general public at large, for any common purpose such as graveyard or is not in the exclusive possession of the petitioners, as claimed by them, it could certainly cannot be acquired, is well known to the Collector, ... as such places are protected and it would be of no use for th....
2001 0 Supreme(Guj) 28 • India - Gujarat
J.R.VORA, M.R.CALLA
are private schools and there was no school of the Municipal Corporation in the said area and as such the land has already been acquired ... It was also pointed out that it is an ancestral property and it is being registered in the office of the Charity Commissioner and it cannot be acquired without serving any notice to the Charity Commissioner and that the land in question cannot be acquired for the purpose of school by the Municipal Corporation ... It has been stated that it was pointed out that Kabr....
2007 0 Supreme(All) 3139 • India - Allahabad
RAKESH SHARMA
graveyard - waqf property - U. P. L. R. ... Act, 1901, Waqf Act, 1995 - The court discussed the claim of the Appellant that the disputed land was a waqf property being a graveyard ... , a waqf, and sought to restrain the Defendants from changing the nature of the graveyard and digging or removing the graves. ... Under the Mohammedan law, once a graveyard is always a graveyard. It cannot lose its identity or character as graveyard by passage of time. After the old #HL_....
2004 0 Supreme(J&K) 288 • India - Jammu and Kashmir
SYED BASHIR-UD-DIN
Contextually it cannot be also lost sight of that there is no material whatsoever to show that the land in question in Khasra No. 348 is properitory or duly acquired land of the inhabitants of Bagat Burzella who are allegedly using this land as "Jenazgah and graveyard". ... The Mosque or Intizamia Committee cannot hold land meant for "Jenazgah and graveyard" in as much as the land in question is not at all a burial ground. The people who may bury their dead on spot, have to acquire and....
2022 0 Supreme(Gau) 149 • India - Gauhati
MANISH CHOUDHURY
Case - It is also settled that if land was acquired for a public purpose and after public purpose was achieved and some part of acquired ... , got included in process of acquisition - whether same can be derequisitioned as subject-plot cannot be used for construction purpose ... - By this writ petition, they have stated that they are espousing a common cause of action - whether subject-plot, reserved as graveyard ... The said land, once acquired, cannot be restored to the tenure-holder....
1991 0 Supreme(Raj) 687 • India - Rajasthan
M.C.JAIN
Plaintiff's case is that it is neither reasonable nor suitable for her family as it is situated at a distance of 6 km. from the suit premises, graveyard also exists in front of it, all the members of the family cannot be accommodated in it and the plaintiff's sons cannot also go there as they have to ... Admittedly, the plaintiff's daughter-in-law Nirmala Maheshwari has acquired a house situated in Kamla Nehru Nagar, Pali from Housing Board. ... In hi rejoinder, the defendant has not denied that the said house is situat....
2012 0 Supreme(All) 1111 • India - Allahabad
SUNIL AMBWANI, PANKAJ NAQVI
Urban Land (Ceiling and Regulation) Act, 1973—Section 10 (5)—Possession of land—Land already acquired and vested in the State Government ... Regulation) Act, 1976—Since petitioner’s father and thereafter the petitioner have been in possession of the disputed land, which was acquired ... The survey report shows the existence of temples, trees, graveyard, post office and other residential constructions. It is submitted that the petitioner cannot be deprived of his property except in accordance with the law. ... This Court ....
2000 0 Supreme(AP) 823 • India - Andhra Pradesh
V.V.S.RAO
in and other evidence before the trial Court or before the District collector, it is reasonable to infer that the land was not acquired ... No, in favour excluding the graveyard - Again in column 8, it is clearly shown that an extent of Ac. gts. is graveyard and there ... for a graveyard and that except in an extent of - There were no graves of the general public - Attention of this Court to Ex. ... ... ( 38 ) WHETHER the land of inamdar was acquired in 1924? On this, the second respondent proceeds as ....
2001 0 Supreme(AP) 963 • India - Andhra Pradesh
S.B.SINHA, S.R.NAYAK
unalienable - Counsel accepted that District Collector committed a manifest error in proceeding basis that the lands in question were acquired ... A plea was also raised that the land had been acquired by the Government and was being used as graveyard by the Muslim community. It was found that the land was not graveyard and only Ac. 0. 34 gts. which was earlier found part of S. Nos. 134 and 135 before consideration was a grave-yard. ... ... ( 34 ) ANOTHER aspect of the matter also cannot be lost sight ....
2001 0 Supreme(AP) 1227 • India - Andhra Pradesh
G.ROHINI, MOTILAL B.NAIK
basis of the sale statistics obtained for the preceding three years from date of notification of act fixed market value of the acquired ... However the claimant cannot be denied the rise in the prices of land prior to its conversion as graveyard. Since the notification was issued in the year 1994. ... Hence the evidence on record as to the disadvantages suffered by the land in question cannot be ignored and the Court cannot presume as to appreciation of prices of land in every case as a matter of abstra....
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