Bombay High Court Questions Delay In Handing Over Land For Muslim Burial Ground In Bandra

Observing that it’s “incomprehensible” that the Maharashtra government has failed to hand over land for a Muslim burial ground at Bandra Reclamation to the BMC, the Bombay High Court has sought information on the reasons for the delay. 

Court's observations

“Once the Urban Development Department, vide notification dated September 29, 2022 has earmarked the site for being developed as a Kabristaan, it is beyond comprehension that till date the possession of the said land has not been handed over by MSRDC,” said a bench of Chief Justice DK Upadhyaya and Justice Arif Doctor. 

The court was hearing a public interest litigation filed in 2016 by Mohammed Furqan Qureshi to direct the BMC to allot land for Sunni burial ground for the Bandra and Khar areas. He contended that the community’s population in the area was 1.72 lakh and there was a lack of space for a cemetery. 

BMC said 3000 sq mt land will be given each for Hindus, Muslims & Christians

The BMC has said that 3000 sq mt land will be given each for Hindu, Muslim and Christian communities. However, MMRDA initially opposed the proposed reservation in the draft development plan stating that it had plans to build a commercial hub on the lines of Bandra-Kurla Complex Complex. The court had then directed a status quo on the land.

During the hearing on Wednesday, BMC counsel Anil Sakhare said that the government has allotted land but some formalities remain to be completed. The advocate for the petitioner alleged that MSRDC has now issued a tender notice inviting the bids for redevelopment of the site. 

After going through the tender, the bench remarked that it is not clear as to which site is a subject matter of the tender notice. The bench then warned the petitioner that if the claim turns out to be false, then it will take the matter seriously and impose costs on the petitioner. 

The petitioner then sought time to place relevant documents before the court through an affidavit. The HC has kept the matter for hearing on February 21.