Bombay High Court Admits Plea Against Encroachment Of Christian Cemetery Land In Thane

Thane: A petition filed by Christian residents in Thane, seeking urgent judicial intervention over the unchecked commercial encroachment of a Christian cemetery, has been admitted by the Bombay High Court.

The dispute centres on a 2,023.40-square-metre plot situated opposite Teen Petrol Pump in Naupada, Thane (West). The land was officially allotted and reserved by the Government of Maharashtra nearly 60 years ago, in 1968, to serve as a Christian burial ground, the petition states.

According to the petition, while a small enclosed portion of approximately 500 square metres continues to be maintained for burials by the St John the Baptist Church Trust, the remaining substantial portion of the public land has allegedly been systematically overrun.

The site is now reportedly choked by unauthorised commercial operations, including private vehicle repair garages, roadside stalls and juice shops operating for private gain without lawful authority.

The petition states that the ongoing encroachments have directly triggered a critical shortage of adequate burial space for the local Christian community. In September 2025, the shortage became so severe that the administering Church Trust was forced to issue a formal directive instructing subordinate parishes to make alternative burial arrangements in order to preserve the sanctity of existing graves.

The petitioner, Melwyn Fernandes, Secretary of the Association of Concerned Christians, said that despite paying taxes and contributing equally to society, common citizens are still compelled to struggle for their basic rights and dignity.

“The severe shortage of burial space and encroachments abutting the historic St John the Baptist Cemetery reflect the continued neglect faced by minority communities. It is unfortunate that Christians are repeatedly forced to approach the Hon’ble High Court for protection of even fundamental religious and burial rights guaranteed under the Constitution,” said Fernandes.

Despite a series of official complaints, representations and a partial municipal anti-encroachment demolition drive in mid-2023, unauthorised commercial structures have allegedly continued to expand, the petition adds.

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The petitioner contends that the persistent failure of civic authorities to protect the allotted land directly infringes upon the constitutional rights of the Christian community to a dignified burial, a fundamental tenet protected under Articles 21 and 25 of the Constitution.

Advocate Sunita Banis said that the encroachments abutting St John the Baptist Cemetery have become a matter of grave concern for the Christian community due to the acute shortage of burial space in Thane.

“The continued inaction of the authorities has deprived Christians of dignified burial rights guaranteed under the Constitution. As a pro bono advocate for Christian issues, I remain hopeful that the cemetery land will be protected and the community will receive justice,” said Banis.

The writ petition seeks a writ of mandamus directing the authorities to conduct an immediate boundary demarcation and carry out a swift, time-bound clearance of all illegal occupations in order to fully restore the protected site.

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