The High Court in Maharashtra has instructed local authorities to clear unlawful use of a nine-acre plot set aside for a shared burial and cremation ground, criticising officials for failing to protect the land despite earlier directions. In a ruling delivered on 28 November, the court told the Thane Municipal Corporation (TMC) to submit a full compliance report within three weeks. The case is scheduled to return to court on 9 January 2026.
The land in Bhayandarpada, on the edge of Mumbai, was designated in 2016 as a multi-faith cemetery for Christians, Hindus, Muslims, Lingayats and Jews. However, it has remained unusable, as no preparation work has been carried out to make the site suitable for burials or cremations. Melwyn Fernandes, general secretary of the Association of Concerned Christians and the petitioner in the case, said the ruling brings important relief, particularly for Christians who currently have to travel long distances, sometimes up to 30 kilometres, to bury their loved ones.
Fernandes told the court that the reserved site had been taken over by a private developer, allegedly linked to state minister Pratap Sarnaik, and used to store construction materials and park vehicles. His lawyer, Sunita Banis, argued that TMC had ignored previous court orders to secure the land, allowing the unauthorised activities to continue without intervention.
In its latest decision, the court ordered the municipal body to clear all encroachments, stop any unauthorised use and install fencing around the full perimeter of the plot. The court also instructed TMC to file a new affidavit containing accurate information, projected burial requirements and development plans for all reserved cemetery land in the district.
Fernandes first brought the case to court in 2021, arguing that Christians in Thane face severe shortages of burial space despite the government having formally allocated the Bhayandarpada land years earlier. According to the petition, the municipality contracted a private firm in 2019 to prepare the plot, but the company instead began building a commercial housing project next to the site, intruding onto the land reserved for community use.
Christians make up roughly one per cent of Maharashtra’s population of more than 130 million. Activists say rising land prices in Thane have made cemetery land especially vulnerable to unauthorised development. In 2024, a chapel at a Christian burial ground in Kalwa, also in Thane district, was set on fire by unidentified attackers, and no action followed despite complaints to police.
Cyril Samuel Dara, president of the Thane Christian Cemetery Association, welcomed the court’s decision, describing it as a significant reassurance for Christian families across the district.
Adapted from UCA News.
