#municipalcorporationthane

[seemabhatnagar]

Plot earmarked in the development plan can't be put to any other use

Mr Irwyn Fernandes Isidore & Ors v. The State of Maharashtra & Ors

Public Interest Litigation before Bombay High Court

Before Bench of Hon’ble Acting Chief Justice Nitin Jamdar ACJ & Hon’ble Mr. Justice Arif S Doctor J

Background

A PIL was filed by the petitioner for a direction to open all the reserved plots which are earmarked as Christian Cemeteries in the development plan of Thane city. 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.  Hon’ble Court didn’t find the remark satisfactory.

Observation of the Court

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.

Direction of the Court

The plots which have been designated as Cremation Ground/ Burial Ground/ Smashan Bhumi in the development plan will not be put to any other use other than the one designated in the development plan unless requisite procedure of law is followed for the change of user.

However, it is open to the Municipal Corporation to proceed to take requisite action in respect of the user of these plots contrary to the user designated in the Development Plan.

Seema Bhatnagar