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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8035/2024 & CM APPL. 66125/2025, CM APPL.

66129/2025, CM APPL. 66130/2025 SHABNAM BURNEY .....Petitioner Through: Mr. S.D. Windlesh, Adv.

versus UNION OF INDIA AND ORS .....Respondents Through:

Mr. Sumit K. Batra with Ms. Priyanka Jindal, Advs. for GNCTD.

Ms. Prabhsahay Kaur (Standing Counsel DDA), Ms. Deeksha L. Kakar (Panel Lawyer, DDA), Mr. Aditya Verma, Adv., Mr. Rashneet Singh, Adv. Ms. Anmol M. Kaur, Adv. Officers Present: Manoj Kumar, ASO, IL, DDA. Bharat Kumar, AD, Horticulture, DDA.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 11.12.2025

1. This hearing has been done through hybrid mode CM APPL. 66129/2025 CM APPL. 66130/2025

2. These are applications filed by the Delhi Metro Rail Corporation Ltd. (hereinafter, ‘DMRC’) seeking further time to occupy the casting yard which is located in 55000 sq. mtrs. in the Yamuna Flood Plains as also seeking impleadment in the present petition.

3. The prayer of the DMRC qua the casting yard has been rejected vide Minutes of Meeting dated 28^th August, 2024 by the Vice-Chairman, Delhi Development Authority (hereinafter, ‘DDA’) where he has observed as under:

“5. It was discussed that lease to DMRC for a batching plant near Signature Bridge expired in the year 2022 and is overdue for renewal. Chair directed that the further renewal of such activities on floodplain cannot be done any more. DMRC and officers of DDA were directed to suggest alternative land to shift this facility of DMRC at the earliest.”

4. In terms of the order dated 8^th July, 2024 in the present petition, the Vice-Chairman, DDA has been directed as under:

“5. Learned counsel for the MCD states that urgent action is required in this matter. He states that as the Vice Chairman is the senior-most officer amongst the heads of the MCD, PWD, Irrigation and Flood Control Department and DMRC, it would be appropriate if the Vice Chairman, DDA is appointed as the Nodal Officer and directed to remove all the illegal, unauthorized construction as well as encroachment on the Yamuna river bank, river bed and floodplains. He assures and undertakes to this Court that the MCD would cooperate with DDA and DMRC in removing the encroachment and illegal construction.

6. Keeping in view the aforesaid, this Court directs the Vice Chairman, DDA, to remove all encroachments and illegal construction on the Yamuna river bank, river bed and drains flowing into river Yamuna. He is also appointed as the Nodal Officer and shall coordinate with officials of MCD, Delhi Police, DMRC, Irrigation and Flood Control Department, PWD, Delhi Pollution Control Board and Forest Department. The Vice Chairman, DDA shall convene a meeting of all the concerned officials within a week.

7. With the aforesaid directions, the present writ petition is disposed of. However, the Vice Chairman, DDA is directed to file an Action Taken Report within six weeks. List on 09^th September, 2024 for compliance.”

5. In view of the above, this Court is of the opinion that clear instructions to DMRC is to shift from the flood plains. The continued occupation of the flood plains with a casting yard would be contrary to the orders passed by this Court.

6. Accordingly, let the matter be resolved after a meeting between the Vice-Chairman, DDA and the Director, Projects of the DMRC. Let the report in this regard be placed before this Court by the next date of hearing.

7. List on 22^nd December, 2025.

CM APPL. 66125/2025

8. The present application has been filed by the Applicant- Mr. S.D.Windlesh seeking impleadment in the present matter. The Applicant had earlier filed W.P. (C) 10168/2024 titled SD Windlesh v. Union of India & Ors. This petition has already been disposed of vide order dated 25^th July, 2024.

9. The prayer in the said earlier writ petition of the Applicant i.e.,W.P.(C) 10168/2024 was for seeking directions to demolish the encroachment made on the Yamuna Bed by Baba Nau Gaza Peer Dargah and the adjoin