Maha restricts deletion of cemetery from urban DP
Mumbai: The state govt has issued directions under the Maharashtra Regional Town Planning (MRTP) Act to all urban local bodies not to delete reservations for cemeteries/burial grounds from their development plans (DP). Any change of reservation of a plot reserved for cemeteries/burial grounds or deletion of such a reservation will now require cabinet approval.
Maharashtra has 29 municipal corporations, 232 municipal councils, and 125 Nagar Panchayats. In an order issued early this month, the state
urban development
department (UDD) observed that several urban local bodies have issued notices under section 37(1) of the MRTP for modification of their DP to delete reservations for cemeteries/burial grounds. Section 37(1) empowers the Planning Authority to modify a final DP, but only if the changes do not alter the plan's overall character. Also, these proposals are being submitted to the govt for its approval.
A senior govt official said the deletion of reservation for cremation/burial grounds is being increasingly sought from smaller municipal corporations and councils. "Often, these reservations are put on plots owned by private persons. Many do not want this reservation. We received proposals seeking change of use to Green Zone, Sewage Treatment Plant, and also deletion," said the official. The order states that as population in areas of urban local bodies is continuously increasing, reservation of graveyards/burial grounds is made in the development plan. "Exclusion of such reservations from DP deprives local citizens of the facility, hurts the religious sentiments of citizens, and creates law and order issues."
The order further states that in public interest, the govt has issued a directive under section 154 of the
MRTP Act
to prevent encroachment on existing graveyards and burial grounds, not to regularise encroachment no matter how old it is, and no change to be made to reservation.
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Advocate Gayatri Singh said a particular process is followed by local bodies before reservations are placed in a DP and a similar procedure is to be followed to delete/change a reservation. "By issuing such a directive, state govt is taking away the rights of local bodies and is opening doors for change/deletion of other reservations. It is completely illegal," she said.
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