No Houses Or Habitation On Yamuna Floodplains Under Graveyard Pretext, Says Delhi HC

The Delhi High Court has ruled that people cannot be permitted to construct houses, tenements or sheds, or occupy land on the Yamuna floodplains under the pretext of a graveyard, religious use, or any other purpose, holding that such occupation is impermissible and raising serious concern over the issue.

A Division Bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora was hearing a petition filed by Shabnam Burney alleging widespread encroachments and illegal constructions on the Yamuna riverbed, including the area around the Nau Gaza Peer Dargah and an adjoining kabristan.

During the course of the proceedings, counsel appearing for the caretaker of the Nau Gaza Peer Dargah and Kabristan placed photographs of the site before the Court. After perusing the images, the Bench noted that the situation appeared “quite disturbing”, observing that large trees had been uprooted and that construction activity was visible on the land.

While the caretaker claimed that the land had been allotted for use as a kabristan, the Court rejected the argument as a justification for habitation or construction. “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,” the Bench observed.

The petitioner, meanwhile, submitted that there was no kabristan at the site around a decade ago and alleged that all constructions were recent, with over 100 families currently residing in the area.

Terming the issue serious, the Court directed the Delhi Development Authority (DDA) and the Land & Development Office (L&DO) to fence the graveyard within one week to prevent further expansion or encroachment. It ordered that no fresh construction shall be permitted and directed that photographs of the fenced area be placed on record by the next date of hearing. The authorities have also been asked to jointly inspect land records and file an affidavit clarifying the status of the land.

“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 said. Occupants have been granted time until January 10, 2026, to remove their belongings.

The Bench further clarified that if any burial is to take place, it must be strictly confined to the fenced area, adding that after the burial, no people shall be allowed to stay or live there. It noted that this arrangement would operate as an interim measure subject to further orders of the court.The caretaker has been granted liberty to file an affidavit, if required.

The Court also revisited its earlier order of July 8, 2024, which had placed a clear obligation on the Vice Chairman of the DDA to remove all encroachments and illegal constructions from the Yamuna riverbed and drains flowing into the river. Expressing surprise that no action had been taken against the Delhi Metro Rail Corporation’s (DMRC) batching plant and casting yard on the floodplains, the Bench noted that DMRC itself had approached the court seeking additional time.

Considering that DMRC is engaged in a critical infrastructure project, the court granted time until March 31, 2026, as an exception, for dismantling and removal of all plant, machinery, equipment, batching plants, and the casting yard. It made clear that from April 1, 2026, DMRC would be restrained from using the floodplain area for any activity.

The Court further directed that after dismantling, DMRC, in consultation with the Horticulture and Forest Departments, must ensure that the floodplain land is restored to its original condition, free of debris, malba, or machinery, before handing it back to the DDA.

Before the eviction of occupants near the dargah and kabristan, the DDA and L&DO have been instructed to conduct a proper survey and take photographs of the site. Taking note of the sensitivity of the matter, the court directed that senior officials of the DDA and L&DO must remain physically present on the next date of hearing.

The matter has been listed for further proceedings on February 27, 2026.

Case title: Shabnam Burney v. Union Of India And Ors

Bench: Justices Prathiba M. Singh and Manmeet Pritam Singh Arora

Date: 26th December, 2025