BMC to complete new cemetery for Sunni Muslims in Deonar by Dec

Bombay HC directs BMC to develop new cemetery for Sunni Muslims in Deonar by Dec 2024, after struggles finding suitable plot. Additional locations being explored.

MUMBAI: The Bombay high court (HC) has directed the Brihanmumbai Municipal Corporation (BMC) to complete the development of a new cemetery for Sunni Muslims of the Govandi-Deonar area on a 2,977-sq-metre plot in Deonar by December 2024. This directive came from a bench comprising chief justice DK Upadhyay and justice Amit Borkar, following an affidavit from BMC commissioner Bhushan Gagrani undertaking to do the same.

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The court was hearing a Public Interest Litigation (PIL) filed by Govandi residents Shamsher Ahmed, Abrar Chaudhari, and Abdul Rehman Shah, contending that the current burial ground was full and cannot accommodate the growing population, necessitating additional burial grounds for the eastern suburbs.

In previous hearings, the court had expressed its displeasure with the BMC’s failure to find a suitable burial plot in the eastern suburbs, emphasising the importance of the right to a decent and respectful last rite. The BMC had been unsuccessful in identifying a suitable property despite identifying three potential locations for the burial grounds in the nearby areas of Deonar colony, Rafi Nagar, and a plot near Hindustan Petroleum Corporation Limited.

However, the Deonar colony site was deemed infeasible due to a solid waste heap. Despite a seven-month search, the BMC struggled to find a suitable location within a three-kilometre vicinity. Subsequently, in the last hearing, the bench directed the BMC commissioner to personally address the issue by filing an affidavit and clarifying if any alternative plot can be explored near Rafi Nagar.

The affidavit disclosed that the state Urban Development Department (UDD) has sanctioned the preservation of the cemetery land under the Maharashtra Regional and Town Planning (MRTP) Act. Consequently, a vacant plot of 2977.54 square metres in Deonar has been handed over to the BMC’s health department for the cemetery’s development. The court appreciated the efforts and expressed hope that the project would be completed on time.

The affidavit also highlighted that out of the total 5,242.28-square-metre plot at Deonar cemetery, 2,264.74 square metres have been reserved for a Slum Rehabilitation Authority (SRA) scheme, hindering the cemetery’s development. As a result, the court ordered that development on the 2,977.54 square metre plot should proceed and be completed by December 2024. This area must be temporarily fenced by the BMC to prevent encroachment until a permanent compound wall is built. Similarly, the SRA developer must fence the 2,264.74 square metre plot to protect it from encroachments.

Additionally, the court directed the BMC to examine in a month the feasibility of converting a 28,526.47 square metre plot near the existing Rafi Nagar cemetery, currently reserved for transport, SWM facilities, landfill sites, and a garden/park, into a cemetery.

Regarding another potential cemetery plot owned by Oswal Agro Mills Ltd., near Hindustan Petroleum Corporation Ltd., the affidavit stated that Oswal Agro had agreed to hand over the land to the BMC. In return, the BMC would grant 50% of the total Transferable Development Rights (TDR) immediately upon possession and the remaining 50% after the property cards are transferred to the corporation.

The plot is valued at ₹159 crore, and the collector has asked for a 30% deposit of this amount ( ₹47.72 crore). Advocate Ram Apte, representing the BMC, informed the court that the possession of this plot was expected to be taken within three months. The court directed that the possession must be handed over within this period, making it clear that Oswal Agro is bound by this order.