Plots designated as burial grounds can’t be used for other purposes: Bombay HC

The court asked the TMC to take appropriate action in case the earmarked plots are used contrary to the purpose designated without due process of law.

The court also observed that while the TMC claimed the area provided for cemeteries at present is adequate to the population of the Christian community of the year 2011 and deaths in the community, there was no reference to the source for the said calculations and “such exercise cannot be on ad-hoc basis”.

A division bench of Acting Chief Justice Nitin M Jamdar and Justice Arif S Doctor was hearing PIL filed by Melwyn Isidore Fernandes and others through advocate Sunita S Banis, seeking a directive to open and make available all the reserved plots which are earmarked for the purpose of Christian cemeteries in the development plan of Thane city.

The TMC gave a list of 19 plots reserved for cemetery, cremation or burial grounds with remarks, which showed that one of them at Kopari cannot be put to use as it falls under Special Economic Zone (SEZ), while the other one in Naupada is not in possession of TMC without explaining in whose possession it was.

Another reserved plot at Chitalsar-Manpada is encumbered by slum and out of two plots at Kalwa, one was said to be in possession of Police and other was encumbered by slum.

TMC said while four plots are affected by Coastal Regulation Zone (CRZ), one of them at Dawale is encumbered by certain structures.

The TMC said six plots are already put in use for burial grounds.

“We find that these remarks are not satisfactory,” the bench said.

The court directed that “the plots mentioned in the affidavit which are designated as Cremation Ground/ Burial Ground/ Smashan Bhumi shall not be put to any other use other than the one designated in the development plan unless requisite procedure of law is followed for the change of user.”

“In light of this position, it is open to the Municipal Corporation to proceed to take requisite action in respect of the user of these plots contrary to the user designated in the Development Plan.”

The court asked the TMC to place on record steps taken by it in this regard.

The court also allowed TMC to file a detailed additional affidavit with necessary data, its source and future population projection and steps taken before the next hearing on August 23.