The Bombay High Court, during a recent hearing, addressed concerns raised in a Public Interest Litigation (PIL) regarding the "extremely inadequate" cemeteries in Thane city for the Christian community. The court emphasized that once plots are designated as burial or cremation grounds in the development plan, they must not be used for any other purpose.
A division bench comprising Acting Chief Justice Nitin M Jamdar and Justice Arif S Doctor presided over the PIL filed by Melwyn Isidore Fernandes and others through advocate Sunita S Banis. The petitioners sought a directive to open and make available all reserved plots designated for Christian cemeteries in Thane city's development plan.
While the Thane Municipal Corporation (TMC) provided a list of 19 plots reserved for cemetery, cremation, or burial grounds, the court found the TMC's response unsatisfactory. The details about why some lands earmarked for cemeteries were not in the civic body's possession and the encumbrances on those plots were not specified.
The court emphasized that the TMC should take appropriate action if any earmarked plots are used contrary to their designated purpose without following due process of law. Additionally, the court questioned the TMC's claim that the area provided for cemeteries was adequate for the Christian community's population in 2011 and subsequent deaths, noting the absence of references and a scientific approach in the calculations.
Senior counsel Ram Apte, representing the TMC, assured the court that an additional reply with data, sources, and future projections would be submitted.
The High Court stressed the significance of proper planning and scientific approaches in designating cemetery grounds, underscoring the responsibility of the Planning Authority (TMC) to consider future requirements.
The court also highlighted that the phrase "planning" implies a thoughtful consideration of future needs. It adjourned the matter to August 23 for further hearing, expecting comprehensive clarification on the status of the reserved plots and the steps taken by the TMC to address the inadequacy of cemeteries in Thane city.
Source: Link
Picture Source :
