* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment reserved on : 27 May 2024
Judgment pronounced on: 31 May 2024
+ W.P.(C) 2377/2023 & CM APPL. 9085/2023, CM APPL.
24877/2023, CM APPL. 26530/2023
MAHANT SHRI NAGA BABA BHOLA GIRI THROUGH
HIS SUCCESSOR AVINASH GIRI ..... Petitioner
Through: Mr.Kamlesh Kr. Mishra, Ms.
Renu, Ms.Manya Mishra,
Mr.Dipak Raj Singh,
Advocates.
versus
DISTRICT MAGISTRATE DISTRICT CENTRAL AND ORS
..... Respondents
Through: Mr.Udit Malik, ASC for
GNCTD with Mr.Vishal
Chanda, Advocate.
SI K.L.Kuldeep, PS K.Gate.
Ms.Shobhana Takiar, standing
counsel with Ms.Deeksha
L.Kakar, Mr.Kuljeet Singh,
Ms.Akansha Choudhary and
Ms.Razia. Advocates with
Mr.Kamleshwari Pandit, Naib
Tehsildar, for DDA.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
JUDGMENT
1. The petitioner is invoking the extraordinary jurisdiction of this
Court under Article 226 of the Constitution of India, placing reference
to Section 28 of the Delhi Land Revenue Act, 1954 for issuance of
direction to the Deputy Commissioner/ District Magistrate, District
Central, Daryaganj, Delhi to demarcate the land of the petitioner
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situated at Ghat No. 33, Triveni Ghat, Nigambodh Ghat Jamuna
Bazar, Delhi -06. Following are the reliefs sought by the petitioner by
way of the instant writ petition:
“A. Pass an order directing the District Magistrate and Sub
Divisional Magistrate, Central District, New Delhi to Demarcate
the property Of the Petitioner Shrine of Naga Baba Bhola Giri
situated at Ghat No. 33, Triveni Ghat, Nigambodh Ghat, Jamuna
Bazar, Delhi-06, forthwith without any further delay and provide
the copy of the demarcation report to the petitioner herein.
B. Pass any such order directing the Tehsildar to immediately
undertake the case and as soon as possible start the process of
demarcation of the petitioner herein and ensure their safety and
security of his property.
C. Pass an order directing the respondents to demarcate and
record the possession of the petitioner on the above said property.
D. Pass an order directing respondents to immediately take
action on the representations made by the petitioner herein and
annexed to the present petition.
E. Pass such other order or orders as this Hon'ble Court may
deem fit in the facts and circumstances of the case.”
BRIEF FACTS:
2. The present writ petition pertains to the Shrine of Naga Baba
Bhola Giri, situated at Ghat No. 33, Triveni Ghat, Nigambodh Ghat,
Jamuna Bazar, Delhi -061. The petitioner asserts that the Government
of National Capital Territory of Delhi2 recorded an area of
approximately 0.10 Bigha (300 Sq. yards) in the Khasra Girdawari
document dated 01.10.1991 in the name of Mehant Shri Naga Baba
Bhola Giri Chela Naga Baba Shankar, situated at the property in
question.
3. The petitioner avers that the property in question has been in the
possession of Mehant Shri Naga Baba Bhola Giri since 1996.
1
Property in question.
2
GNCTD
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Presently, the Khasra Girdawari documents record that the property,
which contains the Shrine of Naga Baba Bhola Giri, is now in the
possession of his successor, Avinash Giri. It is further averred that the
petitioner has been in possession of the property in question well
before the deadline of the year 2006, as set by the Delhi Special Laws
Act.
4. The grievance of the petitioner is that on 22.02.2023, the
officials of the Flood Control and Irrigation Department of the
GNCTD, demolished various jhuggies and other buildings in the
vicinity of the property in question. As a result, the petitioner is under
imminent threat of demolition of the Shrine of Naga Baba Bhola Giri.
Consequently, the petitioner has approached the District Magistrate,
Central District, Daryaganj, Delhi, for the demarcation of the property
in question. The relevant portion of the letter to the District Magistrate
is reproduced below: -
"Subject: - Application U/s 28 of The Delhi Land Revenue Act,
1954 for the Demarcation of Plots/lands of the Shrine of Mahant
Shri Naga Baba Bhola Giri Chela Naga Baba Shankar Giri situated
in an area of 300 Sq yards at Ghat No. 33, Triveni Ghat,
Nigambodh Ghat, Jamuna Bazar, Delhi-06.
Respected Sir/ Madam,
The applicant is Mahant Shri Naga Baba Bhola Giri Chela Naga
Baba Shankar Giri through his successor Avinash Giri and the
present application is for the demarcation of the land on which the
Shrine of Mahant Shri Naga Baba Bhola Giri Chela Naga Baba
Shankar Giri situated in an area of 300 Sq. yards at Ghat No. 33,
Triveni Ghat, Nigambodh Ghat, Jamuna Bazar, Delhi-06.
That it is expedient to make the present application because there is
a threat and claim of the of officials of the Govt. of NCT of Delhi
including that of officials of the Flood and irrigation Department of
the GNCTD with regard to demolition of the property as
mentioned in the documents of Khasra Girdawari. It is therefore
expedient for me to request you to kindly demarcate the
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aforementioned property in terms of Delhi Land Revenue Act and
also record the respective possession on the aforementioned site.
Details of the land is as under:
Property at: Ghat No. 33, Triveni Ghat, Nigambodh Ghat, Jamuna
Bazar, Delhi-06.
Property area: Shrine area of 300 sq. yards.
Property is bound by the following properties:
East: - Yamuna River
West: - Nigambodh Ghat
North: - Yamuna River
South: - Nigambodh Ghat”
5. To support the plea taken herein, the petitioner relies on the
order dated 29.08.2018 passed by this Court in the matter of Koshal
Singh v. The District Magistrate/DC South West District3, the
GNCTD was directed to consider the representation of the petitioner
with regard to the demarcation of the property in a time bound
manner.
SUBMISSIONS MADE ON BEHALF OF THE DELHI
DEVELOPMENT AUTHORITY4:
6. The DDA contends that the property in question falls within the
Revenue Estate Bela, which is a government land placed at the
disposal of Delhi Improvement Trust, the predecessor of DDA,
pursuant to the Nazul Agreement dated 31.03.1937; and that the land
is currently managed by the Horticulture Department of the DDA. It
was pointed out that the Khasra Girdawari for Khasra No. 229/181,
for the period 1987-1991 rather indicates that the property in question
is Sarkar Daulatmadar and is shown as a Maidan/Park. Additionally,
the Jamabandi, a title document for the year 1970-1971, and Mutation
3
W.P. (C) No. 9091/2018
4 DDA
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document No. 168 dated 24.04.1972 also show the property in
question as Sarkar Daulatmadar.
7. The DDA submits that the petitioner has encroached on the land
which falls under Khasra No. 235/106-36 of the Revenue Estate Bela,
which is also a government land as per the Jamabandi of the year
1970-71; and that Khasra No. 229/181 and Khasra No. 235/106-36 fall
within the floodplain and/or riverbed of the Yamuna River and are not
private lands. It is emphasized that the property in question is included
in the Zonal Development Plan for Zone „O‟, which has been
approved by the Ministry of Urban Development5. The River
Yamuna/Riverfront in Zone „O‟ has special characteristics and
ecological significance, for which various studies have been
conducted from time to time. Consequently, the Zonal Development
Plan for Zone „O‟ is conceived to set the strategies for the
rejuvenation of the Yamuna River and eco-friendly development.
8. It is further submitted that the authorities have undertaken
various measures, through several court cases including Public Interest
Litigations (PILs), to address pollution in the Yamuna River. High-
Powered Committees have recommended the channelization of the
river with multiple provisions, such as the development of the
riverfront; and that these measures consider all ecological and
scientific aspects, recognizing the project as one of special
significance for the city. It is also pointed out that this active
floodplain area is frequently flooded by medium floods, and
5
The Zonal Development Plan for Zone 'O' has been approved by Ministry of Urban Development,
vide letter No. K-12011/23/2009- DDIB dated the 8th March, 2010 under Section 9(2) of DD Act,
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topographical changes can control these floods. According to the
Expert Committee‟s report, effective beautification of the Yamuna
River requires removing encroachments and stopping waste and debris
dumping. Consequently, various orders have been passed by the
Hon‟ble National Green Tribunal6 to make the area free from
encroachment.
9. Learned Counsel for the DDA also invited reference to orders
dated 13.01.2015 and 11.09.2019 in OA No. 6/2012, and order dated
07.12.2017 in OA No. 65/2016, OA No. 76/2016, and OA No.
81/2016 passed by the NGT, directing the removal of encroachments
from the Yamuna floodplain; and that the NGT also imposed a fine of
Rs. 5,00,000/- per month from 01.04.2020 for non-compliance,
recoverable from erring officers of the respondent authority.
Furthermore, the NGT vide order dated 09.01.2023 has constituted a
High-Powered Committee headed by the Hon‟ble LG to oversee
riverfront development. In compliance with the NGT‟s orders, the
respondent carried out a major demolition on 21.02.2023, clearing the
majority of the encroachments.
10. The DDA submits that various judgments passed by this Court,
including Wazirpur Bartan Nirmata Sangh v. Union of India7 and
Haq through its Member Abdul Shakeel v. DDA8 directed all
concerned authorities, including the DDA and PWD, to remove all
unauthorized structures, jhuggis and other constructions from the
1957 and notified under section 11 by DDA on 10.08.2010
6
NGT
7
W.P.(C) 2112/2002 decided on 18.04.2012
8
W.P.(C) 2029/2012 decided on 03.04.2013
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Yamuna bank and its embankment. Additionally, in Tulsi Ram v.
DDA9, this Court relied on the decision in the case of Haq (supra) and
dismissed the writ petition. Accordingly, the respondent has removed
the structures from Kudasia Ghat, clearing the area of encroachments.
ANALYSIS AND DECISION:
11. I have given my thoughtful consideration to the submissions
advanced by the learned counsels for the rival parties at the Bar. I
have also perused the relevant record of the case.
12. At the outset, the instant Writ Petition is bereft of any merits.
Although, in terms of Khasra Girdawari (P-3) dated 01.10.1991, the
petitioner was described as the cultivator viz., “Makbuja malkan
owner Mehant Shri Naga Baba Bhola Giri Chela Naga baba Shankar
Giri” in respect of the site i.e., the ghat and mandir, the owner is
described as „Sarkar Daulat Madaar’, which originally meant
“Crown” and now indicates the authority of the GNCTD which is at
the disposal of the DDA.
13. Without further ado, the relief claimed by the petitioner in the
instant Writ Petition has already been rendered infructuous as their
representation dated 23.02.2023 addressed to the District Magistrate
(Central) for demarcation of the land in question under Section 2810 of
9
W.P.(C) 1720/2018 decided on 16.07.2018
10
28. Settlement of boundary disputes.-(1) All disputes regarding boundaries shall be decided by
the Deputy Commissioner, as far as possible, on the basis of existing survey maps, but if this is not
possible, the boundaries shall be fixed on the basis of actual possession.
(2) If the course of any inquiry into a dispute under this section, the Deputy Commissioner is
unable to satisfy himself as to which party is in possession, or if it is shown that possession has
been obtained by wrongful dispossession of the lawful occupants of the property within a period
of three months previous to the commencement of the inquiry, the Deputy Commissioner-
(a) in the first case, shall ascertain by summary inquiry who is the person best entitled to the
property, and shall put such person in possession; and
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the Delhi Land Revenue Act, 1954 has since been rejected vide letter
dated 19.04.2023 by the SDM11, Sub-Division Kotwali on the ground
that “all villages falling under Kotwali Sub Division have been
urbanised/nazul land and the revenue records of the villages are not
available with the office”.
14. At the cost of repetition, the petitioner has no right, title, or
interest to continue to use and occupy the subject property. It is but
apparent that he is a rank tress-passer and merely for the fact that he
has been a cultivator for 30 years or more does not bestow with him
any legal right, title or interest to continue to occupy the subject
property. It appears that the petitioner has constructed two rooms with
tin shed and other amenities at the side, besides a Shrine of the revered
Baba, who died in the year 1996. But then, there is nothing on the
record to suggest that the place is of any historical significance or
dedicated to the public for worship or for offering prayers to the
revered deceased Baba.
15. The plea by the learned counsel for the petitioner that the
District Magistrate has a duty to inform and explain as to what was the
status in the revenue records with regard to the property in question, is
absolutely mis-conceived and ill-conceived. It is pertinent to mention
here that evidently the property in question is falling under the Zone
„O‟ in terms of Zonal Development Plan approved by the Ministry of
Urban Development Further, the Master Plan Delhi-2021 also
envisages rejuvenation of river Yamuna through number of measures
(b) in the second case, shall put the person so dispossessed in possession and shall then fix the
boundary accordingly.
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including ensuring adequate flow in river by release of water by
riparian states, refurbishment of trunk sewers, treatment of drains,
sewering of unsewered areas, treatment of industrial affluent,
recycling of treated effluent and removal of coliforms at Sewage
Treatment Plants besides creating ecological balance by planting trees.
The property in question is meant for larger public interest and the
petitioner cannot claim any vested rights therein to continue to occupy
and use the same.
16. Interestingly, the petitioner has attempted to give a new twist to
the story by mentioning the property as „Ghat No. 33‟ which is
contrary to the records of the Screening Committee constituted in
terms of directions of the NGT12 for restoration and redevelopment of
the Kudasia Ghat area (Ladahak Budh Vihar to ISBT) measuring
approximately 16 Hectares, in the series of projects sites from
Wazirabad to Old Railway Bridge falling on the right (West) bank of
river Yamuna for the project „Restoration and Rejuvenation of flood
plains of river Yamuna, NCT of Delhi‟. It was recorded therein that
there were only 32 historic ghats on the embankments to river
Yamuna in area of Yamuna Bazar, Kudasia Ghat, Nigam Bodh Ghat,
religious places and settlements.
17. At this juncture, it would also be pertinent to refer to a very
recent judgment by the Division Bench of this Court in the case of
Court on its own motion v. Union of India13, wherein the following
directions were passed for restoration and rejuvenation of the Yamuna
11
Sub Divisional Magistrate
12
National Green Tribunal
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River Flood Plains :
20. DDA in coordination with all concerned agencies is hereby
directed to ensure removal of encroachments from Yamuna River
Flood Plains. Delhi Police shall provide necessary force to the
DDA as and when requested, to maintain law and order during
such encroachment removal drives to remove encroachment from
Yamuna Flood Plains.
21. Further, DDA shall submit an action taken report on
development of ten bio-diversity parks / wetland areas in Yamuna
River Flood Plain including an action plan with timelines for
completion of pending projects. Cities and Towns around India,
which have been developed along rivers, are doing horticulture
and green development of river fronts for their citizens as
symbols of urban pride.
22. DDA shall explore green horticultural development of river
fronts and recreational zones with public amenities to increase
public participation and awareness about rejuvenation of River
Yamuna in accordance with extant guidelines.
23. It is necessary to do green development of the banks of the
Yamuna as wetlands and public spaces, parks for open green
spaces, access to civic amenities, zones of entertainment or
playgrounds for the children. This will lead to buy-in by the
common citizen, a sense of ownership and consequent pressures
on the authorities to ensure maintenance. All this will go hand in
hand with ecological restoration, maintenance, and protection of
the flood plains.
24. A large number of religious devotees pray at different
locations, discharging solid waste in the river water, adding to an
already serious problem. Recognising this need of the residents of
the State, DDA should construct select number of ghats or
platforms on stilts along the riverbank, for such purposes to
ensure that the devotees get space and the authorities are able to
deal with the challenge of waste scientifically.”
18. At the cost of repetition, since the petitioner has placed on the
record no iota of evidence that the shrine is a place of historic
significance and devoted to the public at large, the DDA is not
enjoined upon to give any notice to the petitioner. Lastly, mere fact
that the matter of demolition of the site in question has not been yet
13
WP(C) No.7594/2018 and 9617/2022 decided on 08.04.2024
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considered and/or approved by the Religious Affairs Committee14
constituted by His Excellency the Lieutenant Governor, Delhi does
not cut any ice either since it is not a shrine devoted to the public but a
private shrine.
19. Making no attempt to write a thesis on the way of life of Naga
sadhus, as we understand in the Hindu religion, Naga sadhus are
devotees of „Lord Shiva‟ and they are ordained to live a life of
complete detachment from the worldly affairs, and therefore, seeking
property rights in their names does not conform with their beliefs and
practices. In our country, we might find thousands of Sadhus, Babas,
fakirs or Gurus in different parts of the landscape and if each one is
allowed to build a shrine or samadhi sthal on a public land and
thereby, continue to use it for personal gains by the vested interest
groups, that would lead to disastrous consequences jeopardizing larger
public interest.
20. In view of the foregoing discussion, the present Writ Petition is
dismissed.
21. The pending applications also stand disposed of.
DHARMESH SHARMA, J.
MAY 31, 2024
Sadiq
14
Constituted in terms of notification No.F.11/50/91 –HP-II dated 04.03.1991 by the Deputy
Secretary (Home) in terms of decision conveyed by his Excellency Lt. Governor, Delhi dated
18.02.1991.
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