Authorities directed to clear encroachments and provide dignified facilities for the Muslim and Christian communities
MUMBAI — The Bombay High Court has directed the civic authorities of Thane and Mira Bhayandar to take possession of land reserved for Muslim and Christian burial grounds under the development plan and to make burial facilities available within two years.
The order came after a public interest litigation (PIL) was filed informing the court that land earmarked for cemeteries in both areas had not been secured and was allegedly under illegal occupation.
The bench of Chief Justice Shree Chandrashekhar and Justice Suman Shyam on Monday ruled in favour of residents from both communities, stating that the responsibility to protect and acquire the reserved land lies with the state government as well as the Thane Municipal Corporation and the Mira Bhayandar Municipal Corporation.
“The land reserved under the development plan for burial grounds for Christians and Muslims must be protected from all forms of illegal encroachment,” the court observed. It added that both municipal corporations are duty-bound to remove obstacles in acquiring the land and implementing the plan.
The PIL was filed by Melvin Fernandes through advocate Sunita Bane. The petitioners informed the court that land in Thane was reserved for a Christian burial ground, while land in Mira Bhayandar was reserved for a Muslim cemetery. However, according to the petition, neither the government nor the municipal corporations had shown seriousness in developing the sites or removing alleged illegal occupants.
The petitioners urged the court to direct the authorities to clear the land and construct burial grounds as per the development plan, and then hand them over to representatives of the respective communities.
In its judgment, the high court ordered not only the removal of encroachments but also directed the civic bodies to take possession of the land and develop burial facilities within a fixed period of two years.
Legal Clearances and Alternative Land
The court also addressed possible regulatory hurdles. It directed the authorities to examine restrictions under Coastal Regulation Zone (CRZ) rules and to obtain necessary legal approvals.
If any legal obstacle prevents the use of the reserved land, the bench ordered the authorities to identify an alternative site within three months. The alternative land must then be acquired and burial facilities ensured within two years.
Community’s Response
The judgment has brought relief to many residents who had been raising concerns over the lack of adequate burial space.
A community representative from Mira Bhayandar said, “For years, families have faced difficulty at the time of burial. This order gives hope that the matter will finally be resolved.”
Another resident from Thane remarked, “Burial grounds are a basic need. When land is already reserved in the development plan, there should not be such long delays.”
However, some petitioners expressed partial dissatisfaction with certain parts of the judgment, though they welcomed the overall direction to implement the development plan.
The ruling places clear responsibility on the civic bodies to act within a defined timeline. With the two-year deadline now set, attention will turn to how swiftly the authorities move to remove encroachments, secure the land and provide proper burial facilities for the Muslim and Christian communities in Thane and Mira Bhayandar.
