Delhi High Court declines to stay Yamuna Bazar demolitions affecting over 310 families

The Delhi High Court on Tuesday dismissed a plea challenging eviction notices issued to over 300 families in the Yamuna Bazar area [Yamuna Bazar Residents Welfare Association v Government of NCT off Delhi & Ors.]

Justice Purushaindra Kumar Kaurav also declined the request by the petitioner - Yamuna Bazar Residents Welfare Association - to stay the proposed demolition action for a week . It was stated that the demolition is likely to start tomorrow.

The Bench said that the petition was filed by an association but lacked proper authorisation from its members and their binding affidavit to bear the consequences.

"This court is not inclined to entertain the writ petition. It is not a PIL and has been filed by the association at the instance of local residents. In the absence of the authorisation, the petition is not maintainable. They are at liberty to file a proper petition with the authorisation of the residents," the Court said.

The petition filed by the Yamuna Bazar Residents Welfare Association sought quashing of demolition notices issued under the Disaster Management Act, 2005, as well as interim protection against coercive action.

The petitioner argued that the action was arbitrary and based on unsubstantiated claims of disaster risk in the Yamuna floodplains.

"The impugned action is wholly arbitrary, unconstitutional and violative of Articles 14, 19, 21 and 25 of the Constitution of India inasmuch as the Respondents have mechanically treated the entire historical settlement as an “illegal encroachment cluster” without considering the longstanding historical, cultural, religious and architectural identity of the Yamuna Ghats and the Panda communities residing therein for generations," argued the plea.

The Yamuna Bazar area falls within Delhi’s ecologically sensitive O-Zone along the Yamuna floodplain where annual flooding poses recurring risks. Authorities justified the eviction because repeated floods make it difficult to relocate residents to safety each year. They also cited directions of the National Green Tribunal (NGT) with regard to the issue.

However, the petitioner-organisation argued that the demolition drive was inconsistent with the Master Plan for Delhi 2041, which recognises the Yamuna riverfront as an eco-cultural zone requiring heritage-sensitive development.

It contended that the authorities had adopted a mechanical, one-size-fits-all approach, ignoring the need to balance environmental concerns with historical continuity, cultural preservation and the rights of affected communities.

The petition further highlighted the cultural and religious implications of the demolition, warning that the exercise would not only displace residents but also erase a longstanding socio-religious ecosystem tied to the Yamuna riverfront.

The petition was filed through advocate Sandeep Tyagi.