Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Delhi High Court: In a writ petition raising serious concerns regarding Yamuna flood plains encroachment, particularly in areas falling within the river bed and adjoining drains and seeking judicial intervention to ensure enforcement of environmental norms and earlier directions of the Court mandating removal of such encroachments, a Division Bench of Prathiba M. Singh* and Manmeet Pritam Singh Arora, JJ., granted conditional extension to Delhi Metro Rail Corporation (DMRC) and issued mandatory restoration directions.
Background
Vide order dated 08-07-2024, this Court had placed a clear obligation upon the Vice-Chairman, Delhi Development Authority (DDA) to remove “all encroachments and illegal constructions on the Yamuna river bed and drains flowing into the river Yamuna.” Despite the clarity of this mandate, substantial occupation continued, including the presence of a batching plant and casting yard operated by the DMRC on the flood plains.
The matter assumed urgency when it emerged that the DMRC itself had approached the Court seeking time for continued occupation, when “DMRC ought to have vacated the Yamuna Flood plains long back.”
The Court, vide order dated 11-12-2025, recorded its prima facie view that the continued occupation of the flood plains with a casting yard would be contrary to the orders passed by this Court, and directed a meeting between the Vice-Chairman, DDA and the Director (Projects), DMRC to resolve the issue. Pursuant thereto, a meeting was held on 19-12-2025, attended by senior officials of DDA and DMRC and the Minutes of Meeting recorded that —
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Dismantling of the batching plants at Garhi Mandu casting yard had commenced;
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One batching plant had been “completely dismantled and demolished” and the second was in progress;
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All casting work at the site had already been completed;
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Approximately 30 metric tonnes of material were being removed daily;
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Demolition activities were hampered due to GRAP-III and GRAP-IV restrictions.
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DMRC sought time till 31-03-2026, assuring that “entire site shall be vacated and restored to its original condition by the end of March 2026.”
DMRC Casting Yard
While expressing disapproval of the prolonged occupation, the Court took note of the fact that DMRC is engaged in a critical infrastructure related project in the city of Delhi, namely the Delhi Metro. As an exception, the Court deemed it appropriate to grant time till 31-03-2026 for dismantling of all plant, machinery, and equipment, removal of the batching plant and casting yard and Complete vacation of the flood plain area.
The Court made it unequivocally clear that —
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No extension beyond 31 March 2026 would be permissible, particularly in view of the onset of the rainy season thereafter;
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From 1 April 2026, DMRC “shall stand restrained from using any of this area for its activities”;
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The site must be restored to its original condition, free of debris, malba, or remnants of machinery, in consultation with the Horticulture and Forest Departments, before being handed over to the DDA.
Nau Gaza Peer Dargah and Kabristan
The Court also looked into a connected and equally serious issue arose concerning alleged encroachments around Nau Gaza Peer Dargah and an adjoining Kabristan situated on the flood plains. The Court noted that large trees have been uprooted and apparent construction activity and described the same as a “disturbing situation.”
The Court stated that the claim that the land stood allotted to the Wakf Board was seriously disputed. The Court held that 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 Court held that even assuming the land to be a graveyard, the Court would not allow any construction or any family to live in the area.
Court’s Directions
The Court issued the following operative directions —
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Immediate fencing of the graveyard area by DDA and L&DO within one week to prevent further expansion or encroachment.
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Absolute prohibition on fresh construction in the said area.
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Joint inspection of records and filing of an affidavit clarifying the status of the land.
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No person, including the caretaker, to be allowed to live on the land adjacent to the Dargah and Kabristan.
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Existing occupants to remove their belongings by 10 January 2026, after due survey and photographic documentation.
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Any burial, if required, to be carried out strictly within the fenced area, with no residential occupation thereafter.
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Senior officials of DDA and L&DO, fully conversant with the matter, to remain physically present on the next date of hearing.
[Shabnam Burney v. Union of India, W.P.(C) 8035 of 2024, Decided on 22-11-2025]
*Judgment by Justice Prathiba M. Singh
Advocates who appeared in this case :
, Counsel for the Appellant;
, Counsel for the Respondent/State.