Bombay HC Orders Panvel Municipal Corporation To Act On Encroachments At 200-Year-Old Jewish Cemetery

Mumbai: The Bombay High Court on Monday directed the Panvel Municipal Corporation (PMC) to decide on the legality of the alleged illegal encroachments and constructions on a Jewish cemetery plot. The 200-year-old Jewish cemetery in Panvel includes a holy Israel lake used for the ritualistic cleansing of bodies before burial.

A bench of Chief Justice Alok Aradhe and Justice Sandeep Marne noted that the civic body has statutory obligation to remove encroachments and keep water bodies clean under the provisions of the Mumbai Regional Town Planning Act and the Maharashtra Municipal Corporations Act. The petitioner was represented by senior advocate Abhay S Khandeparkar and advocate Raymond Gadkar.

Advocate Rajesh Tekale, representing PMC, told the bench that they have issued notices to the respondents. However, we did not take any action in view of the pending petition and government resolution which imposes restraints on demolition work during monsoon. “Now that the high court has passed the order, we will compy with it in a time bound manner,” Tekale said.

The HC passed the directions while hearing a petition by the Jewish Heritage Trust alleging encroachment on land reserved for the Jewish community’s burial rituals. The plea alleged that there are ongoing proceedings in various legal forums like the charity commissioner, Raigad sessions court, and a magistrate court in Panvel. Despite this, the PMC has failed to take any action against the alleged encroachers.

The HC has directed the concerned ward officer to give a hearing to the respondents, who have allegedly encroached on the cemetery land. If it is found that any person/s has/ have illegally occupied or raised unauthorised construction, then the civic body has been directed to initiate action in accordance with law.

The entire exercise has been directed to be completed in three months, the HC has said.

The cemetery, which spans 15,000 square metres, is being used by the Jewish communities in Panvel, Navi Mumbai, Karjat, and Khopoli for two centuries. According to the petition, the encroachments include hoardings and unauthorised structures allegedly raised by some construction companies.

It also alleges that the holy lake is being misused by encroachers for discharging drainage waste, and that an illegal slaughterhouse is operating within the encroached area. Furthermore, graves in the cemetery have reportedly been destroyed to facilitate these constructions.