Serious allegations of illegal diversion of government land, misuse of public funds and damage to a Hindu cremation and burial ground have been raised over an ongoing construction project at Foreshore Road in Sri Vijaya Puram, where infrastructure is allegedly being developed for a restaurant-cum-liquor bar.
The land in question is located near the Megapode Junction area and has been historically and continuously used for Hindu cremation and burial purposes. According to a formal complaint submitted to the authorities, construction activity at the site has continued despite unresolved questions regarding land status, statutory permissions and legal authority, with public funds allegedly being expended during the process.
The issue has been raised byMember of Parliament Bishnu Pada Ray, who has sought immediate intervention to halt construction and secure the site. In his representation, Ray has alleged that the burial ground boundary wall was demolished to facilitate construction activity and that a hillock traditionally used for burials, including those of children, was excavated through near-vertical earth cutting. The complaint further states that marked graves are in proximity to the construction area, including that of late R Mohan, former state president of the Bharatiya Janata Party.
According to the complaint, the land is understood to be “set apart” under Section 198(1)(c) of the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1966, which reserves land exclusively for burial and cremation purposes. The representation asserts that such land continues to vest with the government and does not become municipal property. It further states that the land cannot be diverted, leased or built upon for commercial use without lawful allotment by a competent authority and strict compliance with due process.
The continuation of construction activity, the complaint alleges, raises serious concerns regarding illegal diversion of protected land, disturbance of burial sites, violation of religious dignity, absence of requisite permissions for earth cutting and construction, and ongoing wastage of public money. It also questions the justification for deploying Smart City funds for infrastructure intended for liquor-related commercial activity.
Ray’s complaint challenges the explanation that the land was set apart for Smart City purposes, stating that the statutory concept of “set apart” does not permit the use of protected government land for running a bar or restaurant. It argues that Smart City funds are meant for essential civic infrastructure and public welfare and cannot be utilised to create assets for liquor-related commercial exploitation.
The representation further raises concerns over the role of the municipal body, stating that municipalities have no jurisdiction to decide, announce or advertise the establishment of a bar, as liquor regulation and licensing fall under a separate statutory and excise framework. Any tendering or public projection of a restaurant-cum-bar by a municipal authority has been described as jurisdictional overreach, rendering the exercise ultra vires.
The issue has also received support from Hindu Rashtra Shakti, which said it had submitted representations on the matter and welcomed the intervention following verification of the ground situation. The organisation drew attention to concerns flagged in the complaint, including the alleged diversion of protected government land without lawful allotment or de-notification and unauthorised earth cutting involving the burial ground and adjoining hillock. It also highlighted apprehensions regarding the scale of excavation reportedly carried out at the site.
According to the complaint, similar representations and objections had earlier been raised by several organisations and political groups, following which a vigilance inquiry was reportedly ordered by the administration. However, it alleges that no effective corrective action was taken, allowing construction activity to continue.
Seeking urgent relief, the complaint has called for an immediate stoppage of all construction and related activity at the site, securing of the burial ground to prevent further damage and expenditure, and removal of the matter from the purview of local authorities whose actions are under question. It has also sought a comprehensive independent investigation, preferably by the Central Bureau of Investigation, to establish facts, fix responsibility and prevent further misuse of public funds and government land.
