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After the Bombay High Court nudge over ‘callousness’ in providing additional burial grounds for Sunni Muslims in Govandi-Deonar area, the Brihanmumbai Municipal Corporation (BMC) on Monday told the court that all endeavours are being made to comply with the directions. The court directed the BMC to develop one of the cemeteries by the end of this year.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar was hearing a PIL by lawyer Shamsher Ahmed Shaikh and two other residents of Govandi area, seeking additional Sunni Muslim cemetery in Govandi-Deonar area citing shortage of space in the existing cemeteries.
The court has been passing orders to ensure the three identified plots, including one next to Deonar colony, a space at Rafi Nagar and another plot of land near Hindustan Petroleum Corporation Limited be used as burial grounds.
On June 10, the bench had pulled up the BMC noting that “right of the dead to be given a decent and respectful last rites is as important as any other right available when he or she is alive” and had directed BMC Commissioner Bhushan Gagrani to personally look into the matter.
On Monday, the bench perused an affidavit filed by Gagrani which stated that notification sanctioning reservation of land near Deonar colony as burial ground has been issued and the vacant land with 2977.54 square metres area has been handed over to the BMC for development of cemetery.
The civic body also submitted that work related to development of the cemetery on remaining 2264.74 square metres of area on the said plot is impeded due to a case pending before the high court pertaining to the Slum Rehabilitation Scheme of the Slum Rehabilitation Authority (SRA).
The bench appreciated BMC’s efforts and said the work for the cemetery on 2977.54 square metre be completed by December this year. In the meantime, it directed that the plot shall be fenced by the BMC before it is finally covered by a compound wall on completion of the cemetery to ensure no croachment takes place. It also directed the 2264.74 square metre area be fenced by the developer appointed under SR scheme.
The civic body further submitted that it has been examining feasibility of a plot of land measuring 28, 526.47 square metres abutting Shivaji Nagar Bus depot and 1.5km away from the existing Rafi Nagar cemetery whether its present reservation for transport garage, park and other purposes can be interchanged for cemetery.
It also added that the private firm Oswal Agro Mills Ltd has agreed to handover a plot in Anik village worth Rs. 159.09 crore for burial ground on a condition that 50 % of the total Transferable Development Right (TDR) shall be given to the firm immediately after handing over the possession to the BMC and remaining 50% after the property cards are transferred in the name of the civic body. The collector was asked to make a deposit of 30% (Rs. 47.72 crore).
The civic body said it has decided to acquire the said land and the possession is likely to be taken over within three months.
The court directed that the firm shall be bound by its order of handing over the possession of the said land.
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