According to MIAL, under the scheme of the Maharashtra Regional and Town Planning Act of 1966 the land was reserved for a cemetery and the purpose had become obsolete by passage of time .
The Supreme Court today stayed the Bombay High Court order that allowed access to the land reserved for a Muslim cemetery falling within the boundaries of the Mumbai international airport.
A Bench headed by Justice B N Agarwal, while issuing a notice to the Municipal Corporation of Greater Mumbai, the Airport Authority of India and others stayed the High Court ruling of March 19 which asked the former to provide access to Saher Muslim Society, the petitioners before the High Court, for the use of land reserved for cemetry way back in 1975.
"In these days, when more accidents are occuring at the airports, we require more cemetries...," the Bench said as the court burst into a laughter.
Mumbai Internation Airport Ltd (MIAL), which is managing and operating the Mumbai airport, said the access can only be provided through the airport property, divide the land unnaturally and this would come in the way of planned development of the airport.
MIAL counsel Mukul Rohtagi said the access through the airport land would make way for encroachments. If the land was used for the cemetery, it would cause severe hazard to the development and operation of the airport as also safety of the airport and passengers, he said, adding "we are ready to give alternative land for the cemetry."
According to MIAL, under the scheme of the Maharashtra Regional and Town Planning Act of 1966 the land was reserved for a cemetery and the purpose had become obsolete by passage of time as the plot had never been utilised for the purpose of cemetery till date.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}