Mumbai: The BMC has urged the Bombay high court to direct Our Lady of Remedy Church at Poisar, Kandivli (West), to hand over a big area in front of it, which includes a part of the cemetery with 33 graves, for road widening.
BMC wants some 338 square metres of church land for the purpose. It comprises an open setback area of 268 sq m and 70 sq m within its compound with 33 graves. In April 2016, the court had stayed the demolition of a heritage cross and a portion of the cemetery on a petition filed by the parish priest, Fr Don Dsouza. In March 2017, it directed that a status quo be maintained, The Times of India reported.
The BMC’s reply, by the R-South Ward office, was submitted last week to a bench headed by Justice Bhushan Gavai. It stated that there is a cross and 163 graves within the church compound and that “one cross and 33 graves” on an area of 70 metres is “clearly affecting” the proposed widening of Gaodevi Road. It said if the BMC does not take possession of the affected area, “road widening in public interest may be stalled”.
The BMC also said that out of the 33 graves, 10 are unnamed, 13 have completed two years of burial and 10 are still to complete 24 months. “From the visual inspection, it seems the last death (sic) body was buried on January 10, 2017,” it added. It prayed the court to direct that 338 sq m be handed on completion of 18 months of the last burial. Also, “to direct the petitioner not to permit and/or use further the 33 burials which are affecting the road line”.
The petition said the church was built in 1555 and the cross existed since 1932. Also, nearly 40% of the church’s land has been taken over the years by authorities for road widening and other purposes. The petition said in the heritage cemetery “the graves are active and cannot be dug up” as per civic rules and that there is “sentiment attached to the dead”.