HC restrains TMC from using 13 plots reserved as burial spaces for other purposes

MUMBAI: The Bombay high court has recently restrained Thane Municipal Corporation (TMC) from using 13 plots reserved for Christian cemeteries, burial grounds or crematoriums for any other purposes without following statutory procedure for change of user of the plots.

The division bench of acting chief justice Nitin Jamdar and justice Arif S Doctor said that once plots are designated as Christian cemeteries, burial grounds or crematoriums in the development plan, they cannot be put to any use other than the one designated “unless requisite procedure of law is followed for the change of user”.

The court was hearing a public interest litigation filed by Melwyn Isidore Fernandes and others, seeking a direction to the TMC to open all plots reserved for the purpose of Christian cemeteries in the development plan of Thane city, contending that the cemeteries available to the community in Thane were extremely inadequate.

TMC had filed an affidavit in reply to the PIL stating that the civic body had reserved in all 19 plots for cemeteries, burial grounds and crematoriums and six were already being used as cremation grounds. The affidavit revealed that of the remaining 13 plots reserved for the purpose, at least two of the plots were said to be encroached upon, five were affected by Coastal Regulatory Zone and one was in possession of the Thane Rural police.

The judges were irked to note that though the lands were reserved for a specific purpose, those plots were not taken over by the TMC and no details were given as to why the lands are not in possession of the municipal corporation.

The bench was also annoyed with the civic body’s claim that it had already provided two plots in Mumbra for Christian cemeteries and those along with the existing cemeteries were enough to meet the requirement of the around 46,000 Christian population living in Thane. The court, however, found no scientific basis for the civic body’s calculations about the population and sought a detailed affidavit from TMC as regards provisions for cemeteries.

The PIL has been posted for further hearing on August 23.