BMC says it will shift Muslim cemetery proposed at Marol

MUMBAI: BMC on Tuesday told Bombay high court that it will shift the proposed Muslim cemetery at Prajapur village, Marol, Andheri (E) to another place to avoid a clash of interests as there is a temple adjacent to it.

Justices Mahesh Sonak and Kamal Khata were hearing a plea by a Sunni Muslim trust to vacate an Oct 27, 2020 status quo order on the 2,500 sq m site so that it can be used for burials. The Anjuman Taleem Ul-Quran Sunni Taha Masjid had sought dismissal of a petition by Shri Leva Patidar Bajrang Satsang Mandal that had claimed possession since 1925 of the adjacent land on which there are two temples and a welfare centre. The Mandal said the land was reserved for a hospital.

The Masjid said since Aug 2014 it has managed the burial ground as caretaker under an annual agreement with BMC. Due to HC's status quo order, its agreement was not renewed and no permission was given to bury bodies. BMC's Feb 2023 reply said the Masjid's renewal application was rejected in view of HC's Nov 10, 2020 order that the "land shall not be used as a burial ground/cemetery." As the disputed land is excluded from the development plan 2034, it "can be put to use as a cemetery only after sanction of the state government." It informed that the state urban development department (UDD) had transferred the land to BMC to develop a Muslim cemetery.

BMC's advocate Kaushik Mhatre informed that "the issue is almost resolved." Referring to the UDD's Feb 2023 letter on shifting the cemetery to an alternate site. Mhatre said in order to avoid a clash of interests as there's a mandir adjacent to the proposed cemetery, a decision was taken for shifting the burial ground to another place. He sought time to place BMC's decision on record. The judges said once BMC files its affidavit on its decision, liberty can be granted to a party aggrieved by such decision, to question it in accordance with law.


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