The Delhi High Court ruled that no houses or families can live on the Yamuna floodplains, even if the land is claimed as a graveyard or for religious use. Calling the situation “quite disturbing”, the Court ordered fencing, eviction of occupants, and strict action against all illegal constructions.
New Delhi: The Delhi High Court has made it very clear that no one can build houses, sheds, or live on the Yamuna floodplains under any excuse, including claims of religious use or graveyard land. The Court said that such occupation is completely illegal and has raised serious concern over the growing encroachments on the riverbed.
A Division Bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora was hearing a petition filed by Shabnam Burney, who alleged that large-scale illegal construction and encroachment had taken place on the Yamuna floodplains.
The petition specifically pointed to the area near the Nau Gaza Peer Dargah and the adjoining kabristan, claiming that the riverbed was being misused in the name of religious purposes.
During the hearing, the lawyer representing the caretaker of the Nau Gaza Peer Dargah and Kabristan showed photographs of the site to the Court. After carefully examining the images, the Bench expressed strong concern about the condition of the land.
The judges observed that the situation appeared “quite disturbing”, as the photographs showed uprooted large trees and visible construction activity on the floodplain area.
The caretaker argued that the land had been allotted for use as a kabristan. However, the Court firmly rejected this justification.
The Bench stated,
“Even if the same is taken at the highest, in the opinion of this Court, it would not allow any construction or any family to live in the area,”
making it clear that burial grounds cannot be used as a reason for residential occupation or permanent structures.
On the other hand, the petitioner informed the Court that there was no kabristan at the site around ten years ago. She further alleged that all constructions were recent and claimed that more than 100 families were currently living illegally on the floodplain land.
Taking the matter seriously, the Delhi High Court issued strict directions to prevent further encroachment. The Court ordered the Delhi Development Authority (DDA) and the Land & Development Office (L&DO) to fence the graveyard area within one week.
This step was directed to ensure that the land does not expand further or get encroached upon. The Court also ordered that no new construction should be allowed under any circumstances and directed that photographs of the fenced area must be placed on record before the next hearing.
The authorities were further directed to jointly inspect the land records and submit an affidavit clarifying the legal status of the land.
Making its position absolutely clear, the Court stated,
“It is made clear that henceforth, no person, including the caretaker, would be allowed to live on this land which is adjacent to the Nau Gaza Peer Dargah as also the kabristan.”
The Court granted time to the occupants until January 10, 2026, to remove their belongings from the area. It further clarified that burial activities, if any, must strictly remain within the fenced area.
The Bench added that after any burial, no person would be allowed to stay or live on the land. This arrangement, the Court noted, would operate only as an interim measure and would be subject to further orders.
The caretaker of the dargah was also given the liberty to file an affidavit, if required, placing his stand before the Court.
The Bench also referred back to its earlier order dated July 8, 2024, in which it had clearly directed the Vice Chairman of the DDA to remove all encroachments and illegal constructions from the Yamuna riverbed and from drains flowing into the river.
Expressing surprise, the Court noted that no action had been taken against the Delhi Metro Rail Corporation (DMRC), which was running a batching plant and casting yard on the floodplains.
The Court observed that DMRC itself had approached the Court seeking more time. Considering that DMRC is involved in an important infrastructure project, the Bench allowed an exception and granted time until March 31, 2026, for dismantling and removal of all plant, machinery, equipment, batching plants, and the casting yard from the floodplain.
However, the Court made it very clear that from April 1, 2026, DMRC would be completely restrained from using the floodplain land for any activity.
The Court further directed that once the dismantling work is completed, DMRC must restore the land to its original condition. This restoration work must be done in consultation with the Horticulture Department and the Forest Department, ensuring that the floodplain is free from debris, malba, and machinery before the land is handed back to the DDA.
ALSO READ: Supreme Court Stops Rs 50 Crore Fine on Delhi Jal Board & MCD in Yamuna Pollution Case
Before carrying out eviction near the dargah and kabristan, the Court directed the DDA and L&DO to conduct a proper survey and take photographs of the entire site. Considering the sensitivity of the matter, the Court also ordered that senior officials from both the DDA and L&DO must remain physically present on the next date of hearing.
The matter has now been listed for further hearing on February 27, 2026.
Case Title:
Shabnam Burney v. Union Of India And Ors
Read Judgement:
Click Here to Read More Reports On Dharmasthala Case
