Delhi HC bans construction near Yamuna dargah, orders eviction of residents

New Delhi: The Delhi High Court has prohibited any new construction adjacent to the Nau Gaza Peer Dargah in the Yamuna floodplain, ruling that individuals cannot establish housing or sheds under the pretext of maintaining a graveyard. A bench comprising Justices Prathiba M Singh and Manmeet Pritam Singh Arora issued the interim order after observing a "disturbing situation" where large trees had been uprooted to facilitate illegal encroachments on the river bank.

During the hearing, the petitioner's counsel submitted that over 100 families were currently residing on the land adjoining the kabristan (graveyard), despite the area being ecologically sensitive floodplain. While the counsel for the dargah's caretaker argued that the land was officially allotted for a graveyard, the court noted that photographic evidence revealed extensive construction and environmental damage. The Bench firmly stated that people cannot be allowed to build tenements in floodplains for any purpose.

To prevent further encroachment, the court directed the Delhi Development Authority (DDA) and the Land and Development Office (L&DO) to fence the designated graveyard area within one week. The authorities have also been instructed to conduct a joint inspection and file an affidavit regarding the land's status by the next hearing on January 27, 2026.

The court mandated that no person, including the caretaker, is permitted to live on the land adjacent to the dargah. All current occupants have been ordered to remove their belongings and vacate the premises by January 10, 2026. While the court clarified that burials may still take place within the newly fenced area, it stipulated that no one is allowed to stay or reside there after the rituals are completed.

(Inputs from PTI)