PIL in HC seeks restoration of graveyard land

Mumbai: A group of Christian residents from Thane have approached the Bombay high court seeking directions to the Thane Municipal Corporation to revert them the land which was earlier reserved for a burial ground for the Christain community but was later de-reserved to favour rebel Shiv Sena MLA Pratap Sarnaik’s construction company

Mumbai: A group of Christian residents from Thane have approached the Bombay high court seeking directions to the Thane Municipal Corporation to revert them the land which was earlier reserved for a burial ground for the Christain community but was later de-reserved to favour rebel Shiv Sena MLA Pratap Sarnaik’s construction company.

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The public interest litigation has claimed that there are over three lakh Christians living in Thane and hence all lands reserved for graveyards under the Sanyukta Smashanbhumi and Smruti Udyan measuring around 37,000 sq metres should be allotted to the communities they are reserved for.

The petitioners also claimed that the land being allotted to the community at Mumbra and Kausa was not usable as it abuts a civic sewage storage facility and sewage water oozes out when graves are dug.

The HC has directed the clubbing of another PIL related to burial grounds in Bandra (W) along with this PIL and posted the hearing of both PILs to November 10.

The division bench of justice Prasanna Varale and justice Nitin Borkar while hearing the PIL by social activist Melwyn Fernandes and others were informed by advocate Sunita Banis that they were seeking direction from the authorities to allot the ten plots reserved for Christian graveyards under the Development Plan in Thane to the community.

The petition stated that as per a February 2016 communication from TMC’s town planning department plots was reserved for Sanyukta Smashanbhumi and Smruti Udyan for providing lands to different communities totalling 37,000 square metres.

According to the petitioner, due to the paucity of space in the existing graveyards, he and the parishioners of Our Lady of Mercy Church, Thane, had approached the corporation to find out the status of the plot at Bhayandar Pada near Ghodbundar road which was reserved for a Christain cemetery. They were informed that the plot was de-reserved by the TMC and handed over to the construction firm of Majiwade constituency MLA Pratap Sarnaik, who is from chief minister Eknath Shinde faction of the Shiv Sena.

The petitioner stated that as the construction work on the said plot was about to commence, the court should pass orders to protect their interest and added that as the population of Christians living in Thane had increased substantially over the 2011 census figures their plea for more burial grounds should be expedited.

After hearing the petitioner, the bench sought to know whether the petitioner had included the construction company as a party to the petition. After being given an affirmative reply, the bench directed the petitioner to amend the petition further seeking specific reliefs against the company owned by Sarnaik and posted the further hearing to November 10.