Delhi High Court Bans Construction on Yamuna Floodplains Near Dargah

The Delhi High Court has ordered the Delhi Development Authority and the Land and Development Office to immediately fence land adjoining the Nau Gaza Peer Dargah and its graveyard, after finding evidence of large-scale encroachment and unauthorised construction on the Yamuna floodplains. The court described the situation revealed in photographs as “disturbing” and said urgent action was required to prevent further damage.

Yamuna floodplains

Government inspections indicated that the land in question vests with the State. Counsel for the dargah’s caretaker disputed that finding, arguing that the plot had been allotted to the Wakf Board for use as a kabristan. The court made clear that, even if the land were a graveyard, that status did not permit construction or long-term habitation on the floodplain.

Photographs submitted to the bench reportedly showed uprooted trees and visible construction activity. A complainant told the court that no graveyard existed at the site a decade ago and alleged that recent development had led to more than 100 families residing there. The court labelled the matter “serious” and said the sensitive ecological character of the Yamuna floodplains prohibited any form of permanent habitation or new construction.

As an interim measure, the court directed the DDA and L&DO to fence the graveyard area within one week to prevent further encroachment or expansion. The agencies were also ordered to jointly inspect records and file an affidavit clarifying the legal status and ownership of the land before the next hearing.

The bench additionally prohibited any fresh construction on the site and instructed authorities to place photographs of the fenced area on record. Senior officials from the DDA and L&DO were required to remain physically present at the next hearing, which has been listed for 27 February next year, to assist the court and provide clarifications.

The court set a deadline for current occupants to remove their belongings by 10 January 2026. While allowing burials strictly within the newly fenced area, it emphasised that no person, including the caretaker, would be permitted to reside on the land after a burial. This arrangement will remain in force until further orders from the court.

Legal and administrative authorities now face the task of reconciling competing claims over the plot. The DDA and L&DO must confirm the records of ownership and provide the court with an affidavit that sets out whether the land was indeed allotted to the Wakf Board or remains government property.

Environmental and urban planners have long warned about the risks of encroaching on the Yamuna floodplains, citing heightened flood risk and loss of natural drainage. The court’s interim directions are likely to be monitored closely by civic groups and residents concerned about both legal regularity and ecological protection.