July 20th 2023.
The Bombay High Court has recently issued a directive to the Thane Municipal Corporation (TMC) to take necessary action if any of the plots designated for Cremation Ground/Burial Ground/Smasha Bhumi in the development plan of the neighboring Thane district are used for any purpose other than what is designated in the plan. This directive was passed by a division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor on Wednesday while hearing a public interest litigation filed by a Thane resident, Melwyn Fernandes.
The PIL alleged that the corporation had handed over a plot of land meant for a burial ground for the Christian community to a real estate company for the construction of a luxury housing project. The TMC had refuted the allegations and stated that 19 plots were reserved for burial grounds in Thane district. However, the civic body's affidavit mentioned that some of these plots could not be used as burial grounds for various reasons.
The court then asked why these lands were not in the possession of the corporation and directed the TMC to file an additional affidavit. The court further directed that the plots mentioned in the affidavit must not be put to any other use other than the one designated in the development plan unless the requisite procedure of law is followed for the change of user. The HC also emphasized that if it is found that the plots reserved for Cremation Ground/Burial Ground/Smasha Bhumi are used for any other purpose, the municipal corporations must take action against those involved. The matter is scheduled for a hearing on August 23.
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