The Bombay High Court has issued a directive that the plots designated for Cremation Ground/Burial Ground/Smasha Bhumi in the development plan in the neighboring Thane district should not be used for any purpose other than what is designated in the development plan. If these plots are utilized for any other purpose, the municipal corporation is required to take necessary action.
A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor passed the directions on Wednesday while hearing a public interest litigation (PIL) filed by a Thane resident, Melwyn Fernandes. The PIL alleged that the corporation had handed over a plot of land meant for a burial ground for the Christian community to M/s Balaji Enterprises, promoter of the Vihang Marina project under the Vihang Group of Companies, for the construction of a luxury housing project.
TMC had refuted the allegations
The court stated, "We direct that the plots mentioned in paragraph-6 of the affidavit dated 14 September 2022, which have been designated as Cremation Ground/Burial Ground/Smasha Bhumi in the development plan, will not be put to any other use other than the one designated in the development plan unless the requisite procedure of law is followed for the change of user."
The municipal corporations have been instructed to take action against those involved if it is found that the plots reserved for Cremation Ground/Burial Ground/Smasha Bhumi are used for any other purpose. The bench emphasized, "It is clear that once the plots are designated as burial ground, cremation ground, or Smashan Bhumi in the development plan, then they cannot be put to any other use other than the one designated."
The Thane Municipal Corporation (TMC) had refuted the allegations, stating that 19 plots were reserved for burial grounds in Thane district. However, the civic body's affidavit mentioned that some of these plots could not be used as burial grounds for various reasons. Some of the reasons included: one plot being in the Special Economic Zone, three plots partly in the Coastal Regulation Zone, three plots encroached by slum dwellers, and one plot being in possession of the Thane Gramin Police. Additionally, there are existing Muslim burial grounds, Christian burial grounds, Hindu crematoriums, and ongoing construction of a Christian burial ground on one other plot.
The HC questioned why these lands were not in the possession of the corporation and directed the TMC to file an additional affidavit. The matter is scheduled for a hearing on August 23.
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