भारत सरकार / Government of India

Daman 18^th August, 2025 27 Sravana, 1947 (Saka) No. : 28

U.T. Administration of Dadra and Nagar Haveli and Daman & Diu,

Planning & Development Authority Daman,

Collectorate, Moti Daman.

No. PDA/DMN/APPR. TPS/230/2025/395 Dated: 08/08/2025

O R D E R

In exercise of the powers conferred by sub-section (4) of Section 72 of the Dadra and Nagar

Haveli and Daman and Diu Town and Country Planning Act, 1974, the Chairman of the Tribunal,

Daman, is hereby pleased to appoint the following officers as the assessors to decide the appeals under

sub-section (2) of Section 71 of the said Act:-

1.

Shri. Prakash P. Parmar, Associate Town Planner, Dadra and Nagar Haveli.

2.

Shri. Sandeep Kumar Yadav, I/c. Executive Engineer, P.W.D., Dadra and Nagar Haveli.

Sd/–

(R.S.Tiwari)

Chairman,

Tribunal of Appeal, Daman.

***

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - २

SERIES - II

प्राधिकरण द्वारा प्रकाधशत / PUBLISHED BY AUHTORITY

SERIES – II No. 28 THE GAZETTE OF DNH & DD

Page 2

संघ प्रदेश दादरा और नगर हवेली और दमण एवम् दीव प्रशासन/

UNION TERRITORY ADMINISTRATION OF

DADRA AND NAGAR HAVELI AND DAMAN & DIU,

समाहताा / जजला अधिकारीका कार्ाालर्, दमण /

OFFICE OF THE COLLECTOR/DISTRICT

MAGISTRATE, DAMAN.

No. COL/DMN/MAG/EST/163-BNSS-2023/2024-25/2643 Dated: 07/08/2025

ORDER UNDER SECTION 163 OF

THE BHARTIYA NAGRIK SURAKSHA SANHITA, 2023

WHEREAS, it has been brought to the notice of the undersigned that various Kabrastan in

Daman are imposing financial and physical restrictions on burial of Muslims based on sectarian and

geographical considerations;

AND WHEREAS, Islam teaches equality among all Muslims and never teaches to discriminate

between the living let alone the deceased;

AND WHEREAS, unlawful restriction to use of such burial land infringes upon the

fundamental rights, including violation of Articles 14, 15, 21 and 25 of the Indian Constitution, of the

deceased and their family members guaranteed under the Constitution of India and might cause

disturbance to public tranquillity;

AND WHEREAS, having gone through the various verdicts passed by the Apex Court,

wherein the Apex Court has interpreted Article 21 broadly to include the right to a dignified burial or

cremation as part of the right to life and personal liberty. This means that the state has a duty to ensure

that individuals have access to burial grounds and that their remains are treated with respect.

NOW THEREFORE, in view of the above facts and legal provisions, I, Saurabh Mishra, District

Magistrate, Daman, in exercise of the powers conferred under Section 163 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, do hereby order the following:

i.

Kabrastans designated as Muslim burial grounds are as under:

Sr. No.

Village

Survey Nos.

Area in sq. mtrs.

Area in acres

1.

Devka

6

3700.00

0.92

2.

Varkund

44

13077.00

3.26

3.

Varkund

60

5600.00

1.4

4.

Dholar

127

21600.00

5.4

Total

43997.00

10.99

ii.

No individual, community, religious organization, or group shall restrict or obstruct the burial

of any deceased person belonging to the Muslim faith, regardless of their internal sectarian

identity, at any site designated as a burial ground for the Muslim community.

iii.

Shri. Ismail K. Muzawar, Superintendent of Establishment Section, Collectorate, Daman, is

designated as Nodal Officer for the non-discrimination in Muslim burials.

SERIES – II No. 28 THE GAZETTE OF DNH & DD

Page 3

iv.

Any person or group found engaging in obstruction/ restrictions, intimidation, or discrimination

in this regard shall be liable for criminal prosecution under section 196 (promoting enmity

between different groups on grounds of religion, race, place of birth, residence, language etc.,

and doing acts prejudicial to maintenance of harmony), other relevant provisions of the

Bharatiya Nyaya Sanhita, 2023 and may be proceeded against under Section 223 (Disobedience

to an order promulgated by a public servant) of Bharatiya Nyaya Sanhita, 2023 and other

applicable legal provisions.

This order shall come into force with immediate effect.

Issued under my hand and seal on this day, the 07^th day of August, 2025, at Daman.

Sd/–

(Saurabh Mishra)

District Magistrate,

Daman.

***

Published by : e-gazette, Department of Planning & Statistics, DNH & DD.