Delhi Court Bans All Construction Near Dargah In Yamuna Floodplain

The Delhi High Court has said people cannot be allowed to make houses or sheds under the pretext of a graveyard or for any other purpose in the Yamuna floodplain and prohibited any new construction adjacent to the Nau Gaza Peer Dargah.

A bench of Justices Prathiba M Singh and Manmeet Pritam Singh Arora issued the interim order while hearing a petition regarding alleged illegal constructions on the Yamuna river bank near the dargah and the adjoining graveyard.

It directed the Delhi Development Authority (DDA) and Land and Development Office to fence the graveyard within one week to ensure no further encroachment happens in the area and to jointly file an affidavit on the status of the land by the next date of hearing.

In an order dated December 22, the court said, "Issue is a serious one inasmuch as 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 counsel for the petitioner submitted that there was "continued use of land near the Nau Gaza Peer dargah adjoining kabristan area" and that over 100 families were living in the said location.

Counsel for the caretaker of the dargah, however, said that the land had been allotted for a graveyard.

He also submitted photographs of the mosque and the graveyard.

"The court has seen the photographs which reveal quite a disturbing situation. Large trees have been uprooted and it appears that there is construction which has been made on the land," the bench said.

It directed the Delhi Development Authority (DDA) and Land and Development Office to fence the graveyard within one week to ensure no further encroachment happens in the area.

"No fresh construction shall be made in this area. After the fencing, photographs shall be placed on record by the next date of hearing." "Parallelly, the DDA and the L&DO shall inspect all the records and jointly file an affidavit in respect of the status of the land by the next date of hearing," the court said.

It also said that no person, including the caretaker, would be allowed to live on the land which is adjacent to the Nau Gaza Peer Dargah and ordered that all occupants of the said area could remove their belongings by January 10, 2026.

"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 said.

It posted the matter for further hearing on January 27, 2026.

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