Facts
The Petitioner filed a writ petition concerning the preservation of land in Zone ‘O’ (Yamuna Floodplains), involving land recently vacated by the Delhi Metro Rail Corporation (DMRC) and land containing the "Nau Gaza Peer" graveyard and a mosque on Khasra Nos. 100 and 101.
Source reference: p. 1-2, 4-5On April 18, 2026, the Court directed the Delhi Development Authority (DDA) to file a status report on the preservation of Zone ‘O’.
Source reference: p. 2The DDA reported that the DMRC land has been taken over for the "Yamuna Vanasthali" project, a natural green zone development.
Source reference: p. 2-4The Land and Development Office (L&DO) and GNCTD confirmed that Khasra No. 100 is government land, making the existing graveyard an encroachment.
Source reference: p. 5Issues
1. Whether the land vacated by the DMRC in Zone ‘O’ is being adequately preserved and developed as a green zone to prevent future encroachments.
Source reference: p. 2, para 22. Whether the religious structures (graveyard/mosque) on Khasra Nos. 100 and 101 constitute unauthorized encroachments on government land within the protected Zone ‘O’.
Source reference: p. 4-5, para 10-12Law Applied
Environmental and land-use principles governing Zone ‘O’ (River Yamuna Floodplains) mandate the preservation of the riverine ecosystem and prohibit unauthorized permanent structures or encroachments.
Source reference: p. 2Administrative procedure requires referring matters involving religious structures on public land to the "Religious Committee" of the Government of National Capital Territory of Delhi (GNCTD) for recommendations prior to removal or relocation.
Source reference: p. 5The Court acknowledged the pendency of related property disputes under the Waqf Act and Article 226 in parallel proceedings such as Delhi Waqf Board v. Union of India.
Source reference: p. 5Reasoning
The Court evaluated the DDA’s status report and Total Station Method (TSM) survey, noting that 70% of fencing work is complete and plantation of native species is scheduled for the monsoon to ensure ecological sustainability.
Source reference: p. 2-3The Court accepted the DDA’s plan to integrate the vacated land into the larger Yamuna Vanasthali project.
Source reference: p. 4Regarding the graveyard on Khasra No. 100, the Court found a consensus among the L&DO, DDA, and GNCTD that the land belongs to the government and the occupation is an encroachment, but noted a lack of clarity in the GNCTD’s stance regarding the permissibility of a graveyard within the environmental constraints of Zone ‘O’.
Source reference: p. 5The Court determined that the Religious Committee must intervene to provide a formal recommendation on the encroachment.
Source reference: p. 5Holding
The Court directed the DDA to proceed with the development of the green zone, including the completion of fencing and the plantation of indigenous trees.
The Court referred the matter of the "Nau Gaza Peer" graveyard on Khasra No. 100 to the Religious Committee of the GNCTD to submit recommendations by the next hearing and issued notice to the Delhi Waqf Board for submissions.
Source reference: p. 5-6The status of the mosque on Khasra No. 101 remains subject to the outcome of W.P.(C) 2686/2023, and the matter is listed for further consideration on July 25, 2026.
Source reference: p. 5-6Original Court PDF
Shabnam BurneyvsUnion Of India And Ors
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