Residents of three housing societies in Thane have objected to the proposal of a local church to use an open plot of land in their locality as a burial ground. They claim that the land has been reserved as a playground and it would not be a healthy sight for children playing in the park to witness burials.
The problem started in May 2019 when the residents of the housing societies noticed five crosses put up on the playground and all the playing equipment removed. Surekha Ambekar, a member of the housing society committee of Ravi Estate CHS, told LCW: “Residents of the three societies protested on 5 May 2019, after they noticed the crosses on the playground the day before. As per official documents, the plot belongs to the Thane Municipal Corporation (TMC), which has reserved it as a playground. There is hardly any playing space in cities and if available grounds are used for other purposes, where will our children play? Besides, burial ceremonies will create a morbid atmosphere for our residents.”
Parishioners, meanwhile, claim that no burial has been held so far and that the crosses were put up as a mark of protest against the dearth of burial spaces for the Christian community.
In March 2019, the TMC had lodged an FIR against 11 parishioners after they buried a 95-year-old former Army man in the premises of Our Lady of Mercy Church as there was no burial ground available.
According to Melwyn Fernandes, secretary of the Association of Concerned Catholics, the parishioners moved the Bombay High Court to seek permission for a burial ground inside the church premises. He says Roman Catholics have a tradition of burying their dead near a church.
In May 2019, the court ordered the TMC to measure the plot and determine which portion of the land is the playground and which portion belongs to the church.
“The TMC is yet to comply to the court order. We have requested the TMC commissioner multiple times to sort out the matter as it has been a year,” Ambekar added.
Fernandes also told LCW that his association has filed an RTI at the TMC to know the current status of the case and added that they would file a Contempt of Court petition against the TMC.
LCW called up the office of the TMC multiple times but nobody responded.
Nishikant Sawant, secretary of Ravi Estate CHS, told a news daily that in the past, the residents had also objected to a proposal to build a Hindu crematorium in the area. “There is a large well on the plot and the groundwater will be contaminated if there are bodies decomposing just a few feet away,” he said.
In 2021, Melwyn Fernandes moved the High Court of Bombay with a Public Interest Litigation seeking directions against the TMC to open all properties that have been earmarked for Christian burial grounds in the Development Plan of Thane City.
In their order dated 19 July 2023, a division bench of Acting Chief Justice Nitin Jamdar and Justice Arif S. Doctor directed that the plots earmarked for burial grounds in the Development Plan are not to be used for any other purpose, and directed the TMC to file an affidavit detailing the steps taken by TMC in this regard.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
The playground should not be turned into a burial ground
Region Classification
Urban
Type of Land
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Government or community-regulated urban commons
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Bombay High Court
Case Number
WP/5224/2019
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Yes
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Three housing societies - Ravi Estate CHS, Suresh Park and Cosmos Horizon, and Our Lady of Mercy Church
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Varsha is an independent journalist based out of Pune. She covers travel, social justice, gender and climate change for national and international news publications. She has written extensively on the agrarian crisis in Marathwada and Vidarbha regions and is interested in rural journalism. She holds a diploma in journalism and a Master’s degree in Political Science from Pune University. Varsha is an avid trekker and has successfully scaled Everest Base Camp, Annapurna Circuit Trek and Goecha La.
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