MANMOHAN, ACJ.

1. Present public interest litigation has been filed seeking directions to the respondents to demolish the encroachment on Yamuna floodplains by Baba Nau Gaza Peer Dargah, the adjoining graveyard/kabristan (“the dargah”) and the casting yards authorised by respondent no.1/Union of India. The petitioner also seeks creation of a Yamuna Protection Force to ensure that no unauthorised construction is raised on Yamuna riverbed/floodplains.

2. Petitioner, who appears in person, states that the dargah and graveyard have been illegally constructed on the western side of Yamuna River between New Aruna Nagar and Signature Bridge. He states that the site has no relevance to Baba Nau Gaza Peer and therefore, the dargah and kabristan in his name are nothing but an abuse of process of law. He states that in the 1978 the Yamuna floodplains at Shaheen Bagh was five kilometres wide, which has now been reduced to five hundred meters.

3. He points out that about two kilometers from the Signature Bridge, a casting yard can be found on the right side of a road which cuts through the eastern bank of the Yamuna floodplain. He further points out that there is another casting yard adjoining central Delhi’s Baansera Park. According to him, no permanent structure can be raised on Yamuna floodplains and therefore, the casting yards ought to be removed.

4. He emphasises that this Court vide judgment dated 10th July, 2024 in Pracheen Shiv Mandir Avam Akhada Samiti v. Delhi Development Authority & Ors., LPA 498/2024 and judgment dated 08th July, 2024 in Shabnam Burney v. Union of India and Ors. W.P.(C) 8035/2024, has given clear directions that floodplains, Yamuna River bed and drains leading to Yamuna should be cleared of all types of encroachments.

5. He also states that though he has made a representation dated 16th June, 2024 to the Vice Chairman, DDA, yet no action has been taken so far.

6. This Court in Shabnam Burney (supra) while disposing of the writ petition has directed the Vice Chairman, DDA to remove all encroachments and illegal construction on the Yamuna River bank, river bed and drains flowing into river Yamuna. This Court has also appointed the Vice Chairman, DDA as Nodal Officer to co-ordinate with the officials of MCD, Delhi Police, DMRC, Irrigation and Flood Control Department, PWD, Delhi Pollution Control Board and Forest Department.

7. Keeping in view the aforesaid, this Court directs the Vice Chairman, DDA to decide the petitioner’s representation dated 16th June, 2024 in accordance with law as expeditiously as possible preferably within six weeks and take action, if required. The rights and contentions of all the parties are left open.

8. The Vice Chairman is also directed to ensure that as and when encroachments and illegal structures in and around Yamuna floodplains are removed, the area made free from encroachment is properly fenced/protected, so that no future encroachment takes place.

9. The Vice Chairman, DDA, while filing the Action Taken Report, in Shabnam Burney (supra), shall also make a reference to the constructions referred to in the present writ petition.

10. With the aforesaid directions, the present writ petition along with the application stands disposed of.