Mumbai, Feb 06: The Bombay High Court on Friday came down heavily on the Brihanmumbai Municipal Corporation (BMC) for permitting open cremations on a disputed plot at Manori beach, despite multiple earlier court orders restraining any activity on the land, warning that such conduct could amount to contempt.
Court expresses shock over violations
A bench of Justices RV Ghuge and Abhay Mantri, while hearing an application filed by NGO Awaaz Foundation, expressed shock after photographs were produced showing bodies being cremated in the open on Survey No. 290 — a site protected by interim orders passed in a long-pending public interest litigation.
“Nobody owes reliability to this court?” the bench asked, questioning how cremations were allowed when there was a clear embargo on use of the land. “Our orders cannot be interpreted in any manner you like. We had told you not to do anything there,” the judges said, warning that continued violations could lead to contempt proceedings against the municipal commissioner.
History of disputed land highlighted
Senior advocate Fredun Devitre, appearing for the petitioner, submitted that the plot has witnessed repeated attempts to change its character over the years.
He said the NGO had earlier approached the court when the BMC attempted to develop the site as a tourist destination in 2008 and later when efforts were made to convert the land into a cremation ground. He added that there was already a functional Hindu crematorium on nearby land.
The bench referred to earlier orders passed in January 2013, November 2015 and January 2016, noting that they imposed a complete restraint on construction and religious activity on Survey No. 290. Revenue records placed earlier before the court showed that the adjoining Survey Nos. 293 and 294 were earmarked for a Hindu crematorium.
Public notice draws court’s ire
Taking exception to a public notice suggesting that the High Court had permitted cremations at the site, the judges remarked, “How could you forget there was a court order? How could you have such short-term memory loss?” The court added that if authorities had dared to construct anything on the land, “we would have sent you to Arthur Road (jail).”
BMC defence rejected
BMC officers claimed that the civic body had not authorised open cremations and that people from surrounding areas were acting on their own. Rejecting the explanation, the bench said civic authorities could not plead helplessness on grounds of “sentiment”.
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“This is not a village. This is Malad, the heart of the city,” the court said, directing the BMC to use its statutory powers, with police assistance if required, to ensure that cremations are carried out only at authorised, functional facilities.
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