37,000 Sq.mtrs (8 Acres) Multi faith Burial Ground Case: Trouble Mounts for Eknath Shinde’s Shiv Sena and Minister Pratap Sarnaik
• Bombay HC Orders Thane Civic Body to Reclaim Burial Ground at Bynder Pada near upcoming metro station -GB Road ,from MLA Pratap Sarnaik’s Firm
• Pratap Sarnaik’s Firm Loses Thane Burial Ground Plot as Bombay High Court Intervenes
• The Burial Ground plot grab Allegation Against Balaji Enterprises .
The Bombay High Court has ordered the Thane Municipal Corporation (TMC) to reclaim a 37,000 sq ft burial ground plot. The land, allegedly taken over by Balaji Enterprises—a company owned by Eknath Shinde faction leader and Transport Minister Pratap Sarnaik—currently hosts a parking lot and garden. The court directed the corporation to take possession of the land, erect a boundary fence, and scheduled the next hearing for November 6, 2025, before the Chief Justice. The ruling deepens the legal troubles for the Transport Minister.
- 37,000 Sq.mtrs (8 Acres) Multi faith Burial Ground Case: Trouble Mounts for Eknath Shinde’s Shiv Sena and Minister Pratap Sarnaik
- • Bombay HC Orders Thane Civic Body to Reclaim Burial Ground at Bynder Pada near upcoming metro station -GB Road ,from MLA Pratap Sarnaik’s Firm
- • Pratap Sarnaik’s Firm Loses Thane Burial Ground Plot as Bombay High Court Intervenes
- • The Burial Ground plot grab Allegation Against Balaji Enterprises .
- Bombay High Court Directs Thane Municipal Corporation to Secure 37,000 Sq Mts Burial Ground
- Court’s Firm Stance on Land Use and Encroachments
- Background of the Public Interest Litigation
- Broader Implications for Urban Planning and Governance
- High Court Mandates Burial Ground Handover to Christian Community
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Bombay High Court Directs Thane Municipal Corporation to Secure 37,000 Sq Mts Burial Ground
The Bombay High Court has mandated urgent action on a delayed burial ground project in Thane. A division bench questioned the four-year delay in making the facility operational. It ordered the Thane Municipal Corporation to immediately clear all encroachments from the land. The court also demanded a security plan for the 37,000 square metre plot.
This directive came during a Public Interest Litigation (PIL) hearing on January 8, 2025. The PIL was filed by Melwyn Isidore Fernandes and others through Advocate Sunita S Banis. The bench comprised Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar. They heard Interim Application No. 20262 of 2022 in PIL No.119 of 2021.
Court’s Firm Stance on Land Use and Encroachments
The court’s order provides crucial protection for the reserved land. It explicitly forbids using the plot for any purpose other than a cemetery. The land was originally reserved via a government notification on November 22, 2016. The directive aims to prevent any future misuse or illegal land diversion.
The Thane Municipal Corporation must now act swiftly to remove any illegal encroachments. The bench used the term “forthwith,” indicating the urgency it attaches to this matter. This is a significant step towards reclaiming public land for its intended civic purpose. The issue of encroachments on public utility plots is a persistent urban problem.
Furthermore, the corporation must create a project for fencing the entire land parcel. This security measure is designed to prevent future illegal occupations. The court has asked the civic body to present this plan on the next hearing date. This ensures continued judicial oversight until the land is fully secured.
Also Read: LIC’s Massive ₹34,000 Crore Adani Exposure Under Scrutiny.
Background of the Public Interest Litigation
The PIL sought a directive to open all reserved plots for Christian cemeteries. These plots were earmarked in the city’s development plan but remained unavailable. The petitioners argued that this denied the community its fundamental rights. Access to burial grounds is an essential service for any civil society.
Advocate Sunita Banis strongly pursued the litigation with great dedication and zeal. Her efforts were acknowledged by community leaders for the broader public benefit. The court’s order is seen as a major victory for civic rights and community welfare. It underscores the role of the judiciary in upholding public interest.
Community activist Adv. Cyril Samuel Dara welcomed the court’s decision. He confirmed the information for the entire Christian community and the public. The Thane Christian Cemetery Association has been actively involved in this cause. The ruling benefits all citizens needing crematorium or burial services.
Broader Implications for Urban Planning and Governance
This case highlights a common issue in Indian cities: the non-implementation of development plans. Land reserved for essential public utilities often remains undeveloped for years. This leads to illegal encroachments and a shortage of critical civic amenities. The court’s intervention sets a important precedent.
The order reinforces that plots designated for specific purposes cannot be arbitrarily reused. This is a crucial check on administrative inaction or potential maladministration. It empowers citizens and community groups to hold municipal bodies accountable. The judicial system ensures that urban planning serves its intended public purpose.
High Court Mandates Burial Ground Handover to Christian Community
The Bombay High Court has directed authorities to demarcate, develop, and formally hand over the burial ground land to the Christian community. In an affidavit submitted to the High Court on February 12, 2025, the Thane Municipal Corporation (TMC) committed to completing all construction and beautification work for the cemetery within six months, ensuring the community’s access to the designated site.
The Sprouts News Special Investigation Team finds this ruling significant for urban policy. It signals that courts will not tolerate indefinite delays in providing basic amenities. The Thane Municipal Corporation’s subsequent actions will be closely watched. This case could inspire similar actions for other reserved public lands across Maharashtra.
