New Delhi
The Delhi High Court has directed the Delhi Development Authority (DDA) and the Land and Development Office (L&DO) to immediately fence land adjoining the Nau Gaza Peer Dargah and Kabristan, citing concerns over large-scale encroachment and unauthorised construction on the Yamuna floodplains.
The directions, issued on December 22, came after the court examined photographs submitted by counsel for the caretaker of the Dargah and Kabristan, which it described as revealing a “disturbing situation”.
The court noted that several large trees appeared to have been uprooted and that construction activity was visible on the land. While counsel for the caretaker argued that the land had been allotted for use as a kabristan, the court observed that even if the claim were accepted at face value, it would not permit any construction or allow families to reside on the land.
Recent constructions
Contradicting this position, a complainant submitted that no graveyard existed at the site a decade ago and alleged that all constructions were recent, with over 100 families currently residing there.
An inspection conducted by government officials found that ownership of the land vested with the government. This finding was disputed by the caretaker’s counsel, who claimed the land had been allotted to the Wakf Board for use as a graveyard.
Calling the matter “serious”, the court stressed that no construction or habitation could be permitted on the Yamuna floodplains under the pretext of a graveyard or for any other reason.
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. It also ordered that no fresh construction be carried out and asked the authorities to place photographs of the fenced area on record before the next hearing. The agencies were also directed to jointly inspect records and file an affidavit clarifying the status of the land.
Remove your belongings
The court made it clear that no person, including the caretaker, would be allowed to live on the land adjacent to the dargah and graveyard. All occupants have been permitted to remove their belongings by January 10, 2026.
While allowing burials strictly within the fenced area, the court ruled that no one would be permitted to stay on the land after a burial. This arrangement will remain in force until further orders.
The matter has been listed for further hearing on February 27 next year. Senior officials from the DDA and L&DO, well-versed with the case, have been directed to remain physically present to assist the court.
Published – December 31, 2025 01:21 am IST
