Shabnam Burney vs Union Of India And Ors

$~2 (SDB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 23 May, 2026
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Uploaded on: 26 May, 2026
+ W.P.(C) 8035/2024 & CM APPLs.30255/2025, 35458/2025
SHABNAM BURNEY .....Petitioner
Through: Mr. S.D. Windlesh, Adv.
versus
UNION OF INDIA AND ORS. .....Respondents
Through: Ms. Shiva Lakshmi, SPC for
UOI/L&DO. (M: 89290 15368)
Mr. Kailash Vasudev, Sr. Adv. with
Ms. Prabhsahay Kaur, Standing
Counsel, Ms. Deeksha L. Kakar Panel
Lawyer, Mr. Aditya Verma, Mr.
Rashneet Singh & Ms. Sana Parveen,
Advs. with Dr. Mannan Akhtar,
Commissioner (LM), Mr. Ajay
Kadian, Director (LM-II), Mr.
Pradeep Kumar, AD (LM
Coordination), Mr. Durganand Minz,
DD (GIS), Mr. Mayank Yadav,
(Tehsildar Nazul), Mr. Bijndra
Kumar, DD (Horticulture) for DDA.
(M: 9717460151)
Mr. Sumit K Batra, Ms. Priyanka
Jindal, Advs. for GNCTD. (M:
9711147495)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE MANMEET PRITAM SINGH ARORA
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. In the present petition, there are two aspects that are to be considered
W.P.(C) 8035/2024 Page 1 of 6
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44

by the Court today. Firstly, the aspect in respect of the land, which was
vacated by the Delhi Metro Rail Corporation (hereinafter, ‘ DMRC’ ), removal
of encroachments and preservation of the Zone O area. Secondly, the status
of the Nau Gaza Peer located in Zone O.
3. On the last date of hearing i.e., 18th April, 2026, a status report was
directed to be filed by the Delhi Development Authority (hereinafter, ‘DDA’ )
stating as to the manner in which the said land, is now to be preserved as
Zone ‘O’ area, without further encroachments.
4. Ms. Prabhashay Kaur, ld. Counsel appearing for the DDA has handed
st
over a presentation and a note along with the status report dated 21 May,
2026. According to the DDA, the land vacated by the DMRC has now been
fully taken over by the DDA. The said land is proposed to be developed as a
natural green zone by plantation of indigenous tree species along with
riverine grasses suitable to the floodplain ecosystem. The DDA intends to
start the said plantation during monsoon season.
5. The Court is further informed that the Total Station Method
(hereinafter, ‘TSM’ ) survey of the land in question has been completed and
the map showing the Total Station survey ( hereinafter ‘TSS’ ) is filed with the
status report. Relevant portion of the said report is extracted below:
“2. It is respectfully submitted that the land in question
is proposed to be developed as a green zone by
plantation of native tree species such as Arjun, Jamun,
Shisham, etc. along with riverine grasses suitable to
the floodplain ecosystem and capable of withstanding
flood conditions. The said plantation and development
has been planned keeping in view the ecological and
environmental considerations.
3. It may be pertinent to mention herein that the
W.P.(C) 8035/2024 Page 2 of 6
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44

proposed plantation and green area development shall
be done during the monsoon season after due approval
from the landscape department, so as to ensure the
survivability and sustainability of the plantation.
4. It is further submitted that the Total Station Survey
("TSS") of the land in question has been completed. A
copy of the map showing the TSS is annexed hereto as
Annexure "R-1".
5. Furthermore, the fencing work at the site in question
is in progress. It is submitted that approximately 70%
(seventy per cent) of the Reinforced Cement Concrete
("RCC") posts have been embedded. The remaining
posts are expected to be embedded/fixed within the next
2-3 days. Thereafter, the Razor Blade Tape (''RBT")
wires will be installed to completely fence the area in
question. Photographs showing the RCC posts
embedded at the site in question are annexed hereto as
Annexure "R-2" (Colly).”
6. The Court is also informed that the fencing of the said land is also on
the verge of completion.
7. The Court has also been handed over a presentation by the ld. Counsel
for the DDA which shows the map of the area in question wherein the land
vacated by DMRC is identified in pink. The said map is extracted below for
the sake of future reference.
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Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44

8. It is further submitted by ld. Counsel for the DDA that the said area
forms part of the Yamuna Vanasthali project, which is under development
by the DDA and the land in question would also be developed in a continuous
manner along with Yamuna Vanasthali . Certain other steps being taken in
area Zone ‘O’ for beautification and for better use such as construction of a
cycle track etc. have also been presented to the Court. The said presentation
is taken on record.
9. Let the DDA continue the development of this area including
plantation of trees etc. as stated in the status report and submitted to the
Court.
10. The second aspect that the Court has to consider today in respect of
Nau Gaza Peer , which is a graveyard located on Khasra No.100. In respect
W.P.(C) 8035/2024 Page 4 of 6
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44

of this land, on the last date of hearing, the Court had noted that the Kabristan
is located in two khasras i.e., Khasra No.100 and Khasra No.101. Insofar as
Khasra No.100 is concerned, today it has been confirmed by all the relevant
agencies i.e., the Land and Development Office (hereinafter, ‘L&DO’ ), the
DDA as also the Government of National Capital Territory of Delhi
(hereinafter, ‘GNCTD’ ), that the same is government land. Thus, the
graveyard is stated to be an encroachment in Khasra No.100.
11. Insofar as Khasra No.101 is concerned, Ms. Shiva Lakshmi, ld.
Counsel appearing for the L&DO submits that the dispute is pending before
the Co-ordinate Bench of this Court in W.P.(C) 2686/2023 titled ‘Delhi Waqf
Board v. Union of India & Ors.’. The land in Khasra No.101 where a
Mosque is located, is stated to be part of the said writ petition. Let the exact
status of the said writ petition and the copy of the stand of the Union of India
in respect of this Khasra number be placed on record.
12. Insofar as the Kabristan is concerned, the GNCTD has filed a status
report wherein it has raised certain issues with the DDA and there appears to
be no clarity with the GNCTD as to whether in Zone ‘O’, if the Kabristan is
permissible or not. Since the same is stated to be an encroachment on
government land and there is no doubt that the entire Khasra is located in
Zone ‘O’, the Religious Committee of the GNCTD ought to place its view in
respect of same.
13. Accordingly, the matter is referred to the Religious Committee of the
GNCTD to place its recommendations on record by the next date of hearing.
14. None appears on behalf of the Delhi Waqf Board. Let Court notice be
issued to Delhi Waqf Board through its Counsel- Ms. Farhat Jahan Rehmani,
ASC, Delhi on the email [email protected] by the Registry.
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Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44

15. Delhi Waqf Board is also free to make its submissions before the
Religious Committee in respect of this Khasra i.e., Khasra No.100.
16. This order shall be placed before the Religious Committee of the
GNCTD by Mr. Batra, ld. Counsel for the GNCTD.
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17. List on 25 July, 2026.
PRATHIBA M. SINGH
JUDGE
MANMEET PRITAM SINGH ARORA
JUDGE
dk/ck
MAY 23, 2026/
W.P.(C) 8035/2024 Page 6 of 6
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:26.05.2026
17:35:44