Plots Designated As Burial Ground In Development Plan Can’t Be Put To Any Other Use: Bombay High Court

The Bombay High Court on Wednesday directed the Thane Municipal Corporation not to use land designated as burial ground in the city development plan for any other purpose.A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif S Doctor was hearing a Public Interest Litigation (PIL) regarding inadequate availability of cemeteries for the Christian community in the city. It sought opening of all reserved plots allocated for Christian cemeteries in the Thane city development plan.“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 requisite procedure of law is followed for the change of user”, the court directed.In an affidavit, the Municipal Corporation submitted a list of plots earmarked as cemetery grounds in Thane's development plan. However, the court expressed dissatisfaction with the remarks made in the affidavit and sought further clarification from the Municipal Corporation.“The details as to why the lands are not in possession of the Municipal Corporation, the lands are encumbered by which structures is not specified. 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 court observed.The Court observed that some of the designated plots were either under the possession of other authorities or encumbered by various factors such as slums, structures, or Coastal Regulation Zone (CRZ) restrictions. The court emphasized that once a plot is designated for burial or cremation purposes in the development plan, it should not be used for any other purpose without following the appropriate legal procedures for changing land usage.Regarding the adequacy of existing cremation grounds, the Municipal Corporation provided calculations based on the population of Thane in 2011 and the number of deaths within the Christian community. However, the court raised concerns about the basis of these calculations. The court insisted on a more scientific approach to assess the needs of the Christian community.“We do not find any reference to the source for these calculations. This exercise cannot be on ad hoc basis. There has to be a scientific approach on the part of the Planning Authority. Ultimately the phrase planning means considering the position for future”, the court said.Senior Advocate Ram Apte for the Thane Municipal Corporation assured the Court that an additional affidavit would be submitted, containing comprehensive data, sources, and future projections to justify the current allocation of cemetery grounds. The court adjourned the hearing to August 23, to allow the Municipal Corporation to file the additional affidavit.Case no. – Public Interest Litigation No. 119 Of 2021Case Title – Mr.Melwyn Isidore Fernandes and Others vs State of Maharashtra Click Here To Read/Download Order

Plots Designated As Burial Ground In Development Plan Can’t Be Put To Any Other Use: Bombay High Court

Amisha Shrivastava

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