Telangana HC adjourns pleas to shift graves from plots mortgaged to bank

Observing that even the dead also have rights akin to living persons, Justice B. Vijaysen Reddy of the Telangana High Court on Friday adjourned the hearing of two writ petitions field by IDBI Bank seeking directions to shift the graves from lands mortgaged to it by defaulted borrowers. 

The judge was hearing pleas related to two pieces of land at Nadergul in Badangpet of Hyderabad, one admeasuring 1,500 square yards and another 2,100 square yards. These plots were mortgaged by two persons who took loans from the bank. With the borrowers failing to repay the loans, process was initiated to take over the mortgaged property. 

However, the bank authorities were taken aback to find there were graves in parts of the two plots. The bank counsel contended that the graves sprang up on the plots without any permission from local municipal authorities. He cited verdicts of the Supreme Court and the HCs, which said that bodies can be exhumed and the graves can be relocated if they were found in private lands. 

The advocate said that it appeared the borrowers who defaulted payment of loans colluded with the locals and permitted the graves at the said plots. He said the municipal authorities were bound to relocate the graves since they were not authorised. 

The judge noted that there would be sentiments of the family members of the dead and the same should be respected in such situations before taking a call on the matter. He adjourned the next hearing to July 1 while instructing the police and municipal authorities to respond to the issues raised by bank.