A significant directive has been issued by the Bombay High Court, under which land reserved for Muslim and Christian burial grounds in Thane and Mira-Bhayander has been ordered to be secured and developed within a defined period. The responsibility has been placed jointly upon the State Government and the concerned Municipal Corporations to ensure that the long-pending reservations are implemented without further delay.
The order was passed while two public interest litigations were being disposed of—one concerning Christian burial grounds in Thane and the other relating to land reserved for a kabristan in Mira-Bhayander. It was observed by the bench that once a reservation has been incorporated into an approved Development Plan, it cannot remain merely notional. The obligation to take possession of such land and carry out development work was stated to rest equally with the government and municipal authorities.
Directions were issued that possession of the earmarked plots be taken as expeditiously as possible. It was further ordered that construction of the burial facilities be completed within a period of two years. Administrative hurdles such as Coastal Regulation Zone restrictions, encroachments, and the requirement of statutory approvals were acknowledged during the proceedings. However, it was clarified that if the reserved plots are not readily available for genuine reasons, suitable alternative land in the vicinity must be identified and handed over within three months.
In the judgment, it was recorded that despite previous government resolutions, Development Plan provisions, and assurances submitted through affidavits, the burial grounds had not been developed. It was observed that adequate burial space is a necessity for the community and that grievances arising from non-implementation must be redressed.
At the same time, it was clarified that authorities would remain at liberty to reorganise reservations if required in the larger public interest. Earlier interim orders were accordingly modified to align with this position.
While the recognition of burial grounds as essential public amenities was welcomed by the petitioners, concerns were expressed regarding the two-year completion window and the liberty granted to reorganise reservations. It was stated that burial lands have previously faced attempts at de-reservation for non-public purposes and that immediate execution was required. The ruling was described as a renewed phase in the ongoing effort to ensure that all reserved burial spaces are protected and developed strictly in accordance with law.