Recently, Delhi High Court has made it clear that no one can be allowed to build houses or sheds on the Yamuna floodplain under the guise of a graveyard or for any other reason.
The Court has also barred any fresh construction on land adjoining the Nau Gaza Peer Dargah.
The interim directions were passed by a diviuson Bench of Justices Prathiba M. Singh and Manmeet Pritam Singh Arora while hearing a petition alleging illegal construction along the Yamuna riverbank near the dargah and the adjoining graveyard.
Taking note of the allegations, the Court directed the Delhi Development Authority (DDA) and the Land and Development Office (L&DO) to fence the graveyard within a week to prevent any further encroachment. The two authorities have also been asked to inspect land records and jointly file an affidavit on the status of the land before the next date of hearing.
In its December 22 order, the Court said the issue was a serious one, stressing that people cannot be permitted to raise homes, tenements or temporary structures on the floodplain, whether in the name of a graveyard or otherwise.
The petitioner’s counsel told the Court that the land near the Nau Gaza Peer Dargah and the adjoining kabristan was being continuously used for residential purposes, with more than 100 families living in the area.
On the other hand, the caretaker of the dargah claimed that the land had been allotted specifically for use as a graveyard and placed photographs of the mosque and burial ground on record.
After examining the photographs, the Bench said the situation appeared disturbing. It noted that large trees had been uprooted and that construction activity was visible on the land.
The Court reiterated that no fresh construction would be allowed in the area. It directed that photographs of the fenced site be placed on record before the next hearing. It further ordered that no person, including the caretaker of the dargah, would be permitted to reside on land adjoining the Nau Gaza Peer Dargah.
All occupants have been allowed time until January 10, 2026, to remove their belongings from the site.
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