MELWYN ISIDORE FERNANDES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Public Interest Litigation (PIL) filed for a direction to open all the reserved plots which are earmarked for the purpose of christian cemeteries in the development plan of Thane city. According to the Petitioner, the cemeteries which are available to the christian community are extremely inadequate. An affidavit in reply is filed on behalf of the Municipal Corporation wherein the Municipal Corporation has given list of plots which have been earmarked as cemetery grounds in the development plan of the city of Thane. The said list reads thus:

(2.) As regards Serial No.1, Gut No.86, the same is designated as cremation ground, however, according to the Municipal Corporation, it cannot be put to use because it is under SEZ. The same is the position as regards Survey No.144, Naupada that it is designated for cremation ground, however, it is stated that it is not in possession of the Municipal Corporation. In whose possession it is, is not explained. As regards Serial No.3, it is stated that it is encumbered by slum. Serial No.6 at Kharegaon is affected by CRZ. Serial No.7 at Kalwa is in possession of Police. As regards Serial No.8 at Kalwa, it is stated that it is encumbered by slums. Serial No.9 at Kalwa is encumbered by structures. Serial Nos.14, 15, 16 and 16 are affected by CRZ. Serial No.18 is encumbered by structures. As regards Serial Nos.4, 5, 10, 11, 12 and 19 are concerned, we are informed that they are already put in use for burial grounds.

(3.) We find that these remarks are not satisfactory. The details as to why the lands are not in possession of the Municipal Corporation, the lands are encumbered by which structures is not specified. It is clear that once the plots are designated as burial ground, cremation ground or Smashan Bhumi in the development plan, then they cannot be put to any other use other than the one designated.