MUMBAI: The Bombay High Court on Friday directed the state government, the Thane Municipal Corporation (TMC) and the Mira-Bhayander Municipal Corporation (MBMC) to take possession of land reserved for Muslim and Christian burial grounds in their sanctioned Development Plans and develop the facilities within a fixed timeframe.
A bench led by chief justice Shree Chandrashekhar and justice Suman Shyam held that once a plot has been earmarked and its reservation incorporated in a Development Plan, “it would be the joint responsibility of the State Government as well as the Municipal Corporation to allocate land, carry the work forward and complete the same in a time-bound manner.”
Disposing of two public interest litigations, one concerning Christian burial grounds in Thane and the other relating to reservation of land for a ‘daphanbhumi’ (kabristan) in Mira-Bhayander, the court directed that possession of the designated land be handed over “as expeditiously as possible” and that construction be completed within two years.
Taking note of practical hurdles such as coastal regulation zone (CRZ) restrictions, encroachments and the need for statutory clearances, the bench said that if the reserved plots are “not readily available for any bona fide reason”, authorities must earmark suitable alternative land in the vicinity and hand over possession within three months.
The judgement records that despite government resolutions, development plan reservations and repeated assurances filed in affidavits, the burial grounds had not been completed. Observing that adequate burial space is “the need of the entire community”, the court said authorities must act to redress the grievance.
At the same time, the bench clarified that while implementing its directions, authorities would be “at liberty to re-organise the reservation if public interest so demands”, and modified earlier interim protection orders accordingly.
Petitioners express dissatisfaction
Petitioner Melwyn Fernandes and advocate Sunita Banis, speaking to Hindustan Times, said they were dissatisfied with parts of the ruling.
“We welcome the court’s recognition that reserved burial lands must be secured and developed. However, the liberty granted to re-organise reservations and the further extension of two years is deeply concerning,” they said.
“Burial lands are public amenities and essential necessities. There have already been attempts in the past to de-reserve such lands for non-public purposes. These are long-standing reservations that require immediate execution, not further deferment. This judgement marks not the end, but a renewed beginning in our effort to ensure that every reserved burial space in Thane is protected and developed strictly in accordance with law,” they added.