The long-running case shows official delay, disputed claims and fresh encroachments on land marked for cemeteries and a cremation ground
MUMBAI – Nearly a decade after the Bombay High Court gave clear directions, the Brihanmumbai Municipal Corporation (BMC) has still not begun work on the Sunni Muslim cemetery at Bandra Reclamation, raising serious questions about civic will and respect for court orders.
The issue goes back to 2016, when a petition was filed before the then Chief Justice of the Bombay High Court, Manjula Chellur, highlighting the severe problems faced by Muslims in Bandra, Khar and Santacruz areas of the metropolis in burying their dead. Mohammad Furqan Qureshi moved the petition through advocate Ashraf Ahmed Aqeel Ahmed Shaikh, who pointed out that a large Muslim population lived in the area, but there was no public cemetery.
During the hearing, advocate Shaikh told the court that the 2034 Development Plan had already marked land at Bandra Reclamation for a cemetery. He said the civic body tried to mislead the court by claiming that several Muslim cemeteries already existed in Bandra. He clarified that all of them were on private land and not run by the BMC.
“The Development Plan is clear. Land is reserved for a cemetery, and the civic body has a duty to act,” advocate Shaikh had argued.
Taking a serious view, Chief Justice Chellur expressed anger over what she described as false claims by the BMC. The court ordered that boundary walls be built not only for a Sunni Muslim cemetery, but also for a cremation ground for Hindus and a cemetery for Christians at Bandra Reclamation. Each community was to be given 3,000 square metres, as per policy.
The court was told that because there is no cemetery in Bandra West, Muslim families are forced to travel to Santacruz West or Bandra East for burials. It was also pointed out that existing burial grounds were overcrowded and that the area recorded around two deaths every day.
The case saw several hearings between 2016 and 2025. Progress was slow due to what petitioners called repeated excuses by the BMC. At different times, the civic body claimed the land belonged to MSRDC, then to MHADA, and later said it was under illegal occupation.
In 2025, the high court again directed the BMC to complete the boundary work for the Muslim cemetery, the Hindu cremation ground and the Christian cemetery without delay.
Yet, on the ground, nothing has changed.
“It is painful to see that even after a clear court order, not a single step has been taken,” said petitioner Furqan Qureshi. “The land has not been levelled, no boundary has been built, and now big hoardings have come up again.”
Qureshi also alleged fresh misuse of nearby land. “On the plot where a BMC dispensary was planned, a transit camp has been set up for labourers and engineers working on a private construction project. I have complained, but there is no response,” he said.
He added that he would now move the high court again under contempt proceedings. “We are left with no option. The dignity of the dead and the rights of the living are being ignored,” he said.
The case also saw intervention petitions by local leaders, including corporator Raja Rahbar Khan, who later won the BMC election from Mahim, and BJP leader Ashish Shelar. Both had supported the demand for burial space. Shelar had also suggested a theme park in the area, alongside civic facilities.
Locals now hope their elected representatives will step in. “This is not about politics. It is about basic respect and equal treatment,” a community member said.
For many Muslim families in Bandra, the delay is not just a legal failure but a daily human struggle, made worse by what they see as official neglect despite repeated and clear court orders.
