No Construction Or Residence Permissible On Yamuna Floodplains, Even Under Pretext Of Graveyard: Delhi High Court
The Delhi High Court has held that no construction or residential occupation is permissible on the Yamuna floodplains, even if such occupation is sought to be justified under the pretext of a graveyard or religious use.
A Division Bench of Justices Prathiba M. Singh and Manmeet Pritam Singh Arora observed, “in the flood plains, people cannot be allowed to make their houses, tenements, sheds, etc., under the pretext of graveyard or for any other purpose.”
The observation was made in a petition filed seeking to prevent illegal construction on Yamuna river bank and floodplains.
During the course of hearing, the Court was also apprised of continued use of land near the Nau Gaza Peer dargah and adjoining kabristan area.
While the caretaker of kabristan claimed that the land is for a graveyard and is allotted to the Wakf Board, the Petitioner submitted that there was no kabristan about a decade back and all the constructions are recent. Further, more than 100 families are living in the said location.
The Court found the situation very 'disturbing' inasmuch as “Large trees have been uprooted and it appears that there is construction which has been made on the land.”
The Court said it would not allow any construction or any family to live in the area and directed the Delhi Development Authority and the Land and Development Office to fence the graveyard within the next one week so that there is no further expansion and no further encroachment into the said area.
“No fresh construction shall be made in this area,” the Court ordered.
It added, “If any burial has to take place, the same shall be within the fenced area and after the burial, no people shall be allowed to stay or live there. This would be an interim arrangement subject to further orders to be passed by this Court.”
The Court has further ordered all persons, including the caretaker to vacate the land by 10th January, 2026.
The matter is listed next on January 27, 2026.
Also significant to note that the Court has ordered the Delhi Metro Rail Corporation to remove its batching plant/ casting yard from the floodplains by 31st March, 2026.
“From 1st April, 2026, the DMRC shall stand restrained from using any of this area for its activities. In addition, it is directed that after completion of the dismantling of both the plants and the yard as also the equipment and the machinery, DMRC in consultation of the Horticulture and the Forest Department shall ensure that the area occupied by them being a flood plain shall be left open and restored to its original condition without any debris, malba, parts of machinery, equipment, etc. The area shall be fully cleaned of any debris before being handed over to the DDA,” it ordered.
Appearance: Mr. S.D. Windlesh, Adv. for Petitioner; Ms. Shiva Lakshimi, Mr. Madhav Bajaj , Advs. for UOI. Mr. Tarun Johri and Mr. Vishwaji Tyagi, Advs. for DMRC. Ms. Deeksha L Kakar, Ms. Antara Mishra, Mr. Aditya Verma, Ms. Anmol M. Kaur, Ms Sana Parveen, Mr. Rashneet Singh & Mr Aditya Verma, Advs. for Ms Prabhsahay Kaur SC DDA Mr. Aatish Kumar AD, IL, DDA. Mr. Rahul Tyagi, ASC (Crl) with Mr Sangeet Sibou Mr Aniket Kumar Singh Mr Priyansh Raj Singh Senger Mr Harsh Singh, Advs. Mr. N.A. Khan, Ms. Archana Chaudhary, Ms. Ishran Khan, Mr. Imran Khan and Mr. Prateek Tyagi, Advs. for caretaker
Case title: Shabnam Burney v. Union Of India And Ors
Citation: 2025 LiveLaw (Del) 1807
Case no.: W.P.(C) 8035/2024