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div id=”pcl-full-content”>The Bombay High Court on Friday directed the Brihanmumbai Municipal Corporation (BMC) to send clearer and consolidated proposal to state government for reserving an area of 5,242 square metres for cemetery for Sunni Muslims in Govandi-Deonar area within fifteen days, after which the government shall take further action within the minimum statutory period.
A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor passed an order while hearing a PIL by lawyer Shamsher Ahmed Shaikh and two other residents of Govandi area, seeking additional Sunni Muslim cemetery in Govandi-Deonar arwa, citing shortage of space in existing cemeteries.
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The PIL pointed out that there were three locations that were proposed for an additional cemetery. One was right next to an existing burial ground in Deonar, the other was behind Rafiq Nagar, which was a dumping ground, and the third was about eight kilometres away from the heart of the population of Govandi, located at Anik village.
In September, this year, the bench had asked the state government to take steps to ensure the people in Mumbai are provided adequate space to give dignified last rites for the dead and to find out a solution to the problem “the society is facing on account of paucity of space for burial.”
On November 8, the HC had asked the lawyers representing Slum Rehabilitation Authority (SRA) and Brihanmumbai Municipal Corporation (BMC) to clarify the total area available at Deonar which can be reserved for the cemetery.
Advocate Dhruti Kapadia for SRA stated that total area reserved for cemetery earlier was of 9,800 square metres. However, the said proposal was not accepted by the state government and now the SR scheme has been proposed over total area of 682.74 square metres. Out of the said area, 4557.72 square metres will be consumed in construction and the rest of the area of 2,264.74 square metres is open, which has already been proposed for being reserved as a cemetery to the state government through a proposal sent by BMC on October 10.
Senior advocate Ram Apte for BMC submitted that a temporary municipal transit camp consisting of six chawls exists over an area of 2,977 square metres, out of which four chawls have been demolished and two are in the process of being demolished.
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Apte further stated that the transit camp is now vacant and can be proposed for being included for reservation as a cemetery in addition to 2,264.74 square metres of area, making the total area of 5,242.28 square metres. Therefore, the bench directed BMC to send a consolidated proposal to the state government regarding the same.
“Having regard to the urgent need for providing a burial ground, we direct that all concerned should act in aid of the state government in the process of reservation of the land for cemetery,” the bench noted.
The petitioners also told the bench that certain structures occupied by slum dwellers exist on the area of 2,264.74 square metres and the same need to be cleared by shifting the said dwellers. The HC directed the SRA to take appropriate steps under its scheme for clearing the area at the earliest.
Seeking affidavits by state government, SRA and BMC on progress made with respect to compliance of the order before the next date of hearing on January 4.
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