MUMBAI: The Bombay high court criticized the State and civic authorities for their lackadaisical approach, stating that there is no more urgent task for a Municipal body and the State Government than finding suitable burial space.
The high court ordered the Maharashtra Urban Development Department to submit an affidavit within two weeks explaining why the area initially designated for a Muslim cemetery in Deonar was removed.
According to the court, the civic law places an obligation on the Municipal Commissioner to provide an appropriate and convenient location for disposing of the deceased if the current locations become inadequate.
The court bench, composed of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, declared that the Act mandates the Commissioner to identify other suitable sites for this purpose.
This directive was issued in response to a Public Interest Litigation (PIL) filed by Samsher Shaikh and others, which addresses the shrinking burial space in certain Mumbai cemeteries.
The Brihanmumbai Municipal Corporation (BMC) had proposed three cemeteries at Deonar, Rafi Nagar, and a cemetery on land owned by Oswal Agro or Union Carbide Ltd in Anik village, Chembur.
In September of last year, the State approved all of these sites for cemeteries, but in November, the Deonar land was removed from the cemetery reservation.
The court noted that there is a 30-meter-high municipal solid waste at the Rafi Nagar Cemetery, and its removal would cost approximately Rs 200 crore. Consequently, BMC decided to search for an alternative site.
Regarding the Slum Rehabilitation Authority, it was stated in an affidavit that an area of 2264.74 sq. meters has already been allocated for the cemetery under the Rehabilitation Scheme at Deonar.
The high court also directed the civic chief or a high-ranking nominated officer to submit an affidavit detailing the steps taken to relocate the Rafi Nagar cemetery and acquire the property owned by the other company for establishing the cemetery.
The next hearing for the PIL is scheduled for September 5.
The high court ordered the Maharashtra Urban Development Department to submit an affidavit within two weeks explaining why the area initially designated for a Muslim cemetery in Deonar was removed.
According to the court, the civic law places an obligation on the Municipal Commissioner to provide an appropriate and convenient location for disposing of the deceased if the current locations become inadequate.
The court bench, composed of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, declared that the Act mandates the Commissioner to identify other suitable sites for this purpose.
This directive was issued in response to a Public Interest Litigation (PIL) filed by Samsher Shaikh and others, which addresses the shrinking burial space in certain Mumbai cemeteries.
The Brihanmumbai Municipal Corporation (BMC) had proposed three cemeteries at Deonar, Rafi Nagar, and a cemetery on land owned by Oswal Agro or Union Carbide Ltd in Anik village, Chembur.
In September of last year, the State approved all of these sites for cemeteries, but in November, the Deonar land was removed from the cemetery reservation.
The court noted that there is a 30-meter-high municipal solid waste at the Rafi Nagar Cemetery, and its removal would cost approximately Rs 200 crore. Consequently, BMC decided to search for an alternative site.
Regarding the Slum Rehabilitation Authority, it was stated in an affidavit that an area of 2264.74 sq. meters has already been allocated for the cemetery under the Rehabilitation Scheme at Deonar.
The high court also directed the civic chief or a high-ranking nominated officer to submit an affidavit detailing the steps taken to relocate the Rafi Nagar cemetery and acquire the property owned by the other company for establishing the cemetery.
The next hearing for the PIL is scheduled for September 5.
