MUMBAI: The Bombay high court on Tuesday directed the Mumbai civic chief to depute some responsible officer to verify the current position of the kabristans in the city and inform the court their status on September 25.
The HC expressed its displeasure at the lack of serious efforts by the BMC in acquiring land for a cemetery.
It said, “While reserving a particular plot for some particular use, its suitability for the purpose for which it is reserved should be prime consideration for the authorities and in this case, from the affidavit itself filed, it is clear that the plot was not suitable to be reserved for the cemetery.”
The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said while the plot was reserved last May, the BMC realized after a report from the solid waste management department that it would cost around Rs 200 crore to clean a 30-meter-high heap of the municipal solid waste for the Rafi Nagar cemetery. But despite 18 months having passed since, the corporation’s search for an alternate plot is not complete.
“We cannot appreciate such a state of affairs,”” said the bench on Tuesday.
“We are astonished to note the stand of the corporation,” said the bench wondering why a plot was already filled with waste marked for a cemetery to begin with.
At the HC’s request, state advocate general Birendra Saraf also assured the HC that he would personally look into the entire matter and meet with the highest level of state and civic officials to make an endeavor to sort out the issue of lack of burial grounds and space to ensure dignified last rites to the dead.
The HC was hearing a public interest litigation (PIL) filed by Shamsher Shaikh and another person expressing concern over the ever shrinking space for burial in the cemeteries at Govandi and certain places in Mumbai.
On the last date, the HC directed that the BMC chief was required by law to ensure adequate cemeteries in the city.
The BMC had proposed three cemeteries, the Deonar Cemetery, Rafi Nagar Cemetery; and a cemetery at a land owned by the Union Carbide India Ltd in the M East ward.
The BMC counsel submitted a chart prepared by its medical officer of M/East ward to say 2,370 pits are available at the Deonar Kabrastan, Rafi Nagar and Cheeta camp kabristans.
The counsel for the petitioner vehemently disputed the figures.
The HC had last month also asked BMC to inform what steps were taken to acquire the land at Union Carbide for the kabristan.
But its affidavit, except for stating that talks were on, does not indicate any serious effort was on for the acquisition, the HC noted.
In its last order, on August 22, the HC had said, “For a municipal body as also the state government, there cannot be any more urgent engagement than finding appropriate space for burial of dead.”
The HC referred to the legal provision contained in Section 436 of the Mumbai Municipal Corporation Act, 1888 and said it casts a “mandatory duty” upon the municipal commissioner to provide a fit and convenient place for disposal of the dead in case the existing places at any time appeared to be insufficient.
The Slum Rehabilitation Authority had filed an affidavit to state that for the Deonar cemetery under the Rehabilitation Scheme, 2,264 sq mtr area has already been earmarked.
The HC thus called on the state urban development department to file an affidavit giving reasons as to why at Deonar, the space which was earlier reserved for cemetery, has been deleted.
The HC said the state’s reply must spell out the steps taken to ensure that the general populace of the city is provided adequate space for the dead being given a dignified last rites.
The HC expressed its displeasure at the lack of serious efforts by the BMC in acquiring land for a cemetery.
It said, “While reserving a particular plot for some particular use, its suitability for the purpose for which it is reserved should be prime consideration for the authorities and in this case, from the affidavit itself filed, it is clear that the plot was not suitable to be reserved for the cemetery.”
The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said while the plot was reserved last May, the BMC realized after a report from the solid waste management department that it would cost around Rs 200 crore to clean a 30-meter-high heap of the municipal solid waste for the Rafi Nagar cemetery. But despite 18 months having passed since, the corporation’s search for an alternate plot is not complete.
“We cannot appreciate such a state of affairs,”” said the bench on Tuesday.
“We are astonished to note the stand of the corporation,” said the bench wondering why a plot was already filled with waste marked for a cemetery to begin with.
At the HC’s request, state advocate general Birendra Saraf also assured the HC that he would personally look into the entire matter and meet with the highest level of state and civic officials to make an endeavor to sort out the issue of lack of burial grounds and space to ensure dignified last rites to the dead.
The HC was hearing a public interest litigation (PIL) filed by Shamsher Shaikh and another person expressing concern over the ever shrinking space for burial in the cemeteries at Govandi and certain places in Mumbai.
On the last date, the HC directed that the BMC chief was required by law to ensure adequate cemeteries in the city.
The BMC had proposed three cemeteries, the Deonar Cemetery, Rafi Nagar Cemetery; and a cemetery at a land owned by the Union Carbide India Ltd in the M East ward.
The BMC counsel submitted a chart prepared by its medical officer of M/East ward to say 2,370 pits are available at the Deonar Kabrastan, Rafi Nagar and Cheeta camp kabristans.
The counsel for the petitioner vehemently disputed the figures.
The HC had last month also asked BMC to inform what steps were taken to acquire the land at Union Carbide for the kabristan.
But its affidavit, except for stating that talks were on, does not indicate any serious effort was on for the acquisition, the HC noted.
In its last order, on August 22, the HC had said, “For a municipal body as also the state government, there cannot be any more urgent engagement than finding appropriate space for burial of dead.”
The HC referred to the legal provision contained in Section 436 of the Mumbai Municipal Corporation Act, 1888 and said it casts a “mandatory duty” upon the municipal commissioner to provide a fit and convenient place for disposal of the dead in case the existing places at any time appeared to be insufficient.
The Slum Rehabilitation Authority had filed an affidavit to state that for the Deonar cemetery under the Rehabilitation Scheme, 2,264 sq mtr area has already been earmarked.
The HC thus called on the state urban development department to file an affidavit giving reasons as to why at Deonar, the space which was earlier reserved for cemetery, has been deleted.
The HC said the state’s reply must spell out the steps taken to ensure that the general populace of the city is provided adequate space for the dead being given a dignified last rites.
