DDA to develop vacated floodplain land as natural green zone while Religious Committee reviews graveyard encroachments.

In brief

The question

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.

The court held

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.

It also directed

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.

The 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.

01Facts

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.

pp. 1-2, 4-5

On April 18, 2026, the Court directed the Delhi Development Authority (DDA) to file a status report on the preservation of Zone ‘O’.

p. 2

The DDA reported that the DMRC land has been taken over for the "Yamuna Vanasthali" project, a natural green zone development.

pp. 2-4

The Land and Development Office (L&DO) and GNCTD confirmed that Khasra No. 100 is government land, making the existing graveyard an encroachment.

p. 5

02Issues

i.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.

p. 2, para 2

ii.2. Whether the religious structures (graveyard/mosque) on Khasra Nos. 100 and 101 constitute unauthorized encroachments on government land within the protected Zone ‘O’.

pp. 4-5, para 10-12

03Law 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.

p. 2

Administrative 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.

p. 5

The 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.

p. 5

04Reasoning

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.

pp. 2-3

The Court accepted the DDA’s plan to integrate the vacated land into the larger Yamuna Vanasthali project.

p. 4

Regarding 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’.

p. 5

The Court determined that the Religious Committee must intervene to provide a formal recommendation on the encroachment.

p. 5

05Holding

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.

p. 4

pp. 5-6

The 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.

pp. 5-6

LawLens.Delhi High Court

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