The Delhi High Court dismissed a petition by an NGO demanding that an alleged illegal encroachment on the Yamuna floodplains, including a dargah and a mazar, in North Delhi, not be allowed to exist.
The court asked the NGO why it has been selectively demanding the removal of mazars and dargas. The NGO, named 'Save India Foundation', claims to be working on raising issues for the enforcement of rights and has demanded that the the mazar and the dargah at Hazrat Panch Peer Baba Veer Singh Colony in Budh Vihar Phase 2 in Delhi, be removed.
The PIL lists four dargahs as unauthorised encroachments and alleges that “a large chunk of land belonging to the government has been encroached upon by land mafia through pseudo religious structures".
With respect to the petition by the NGO, Chief Justice DK Upadhyaya said, "Aap chun chun ke yeh kahan se le aate hai, dargah? Aur kahin pe encroachment nahi dikhayi deta? (How do you selectively bring forth these petitions of dargahs allegedly encroaching? Do you not see other encroachments?) Why are you identifying only mazars?"
The organisation’s counsel, Umesh Sharma, responded by saying, “There are temples in this encroachment, (but) I’m not targeting them..."
The Indian Express reported that Chief Justice Upadhyaya responded, “We are on your bonafide… This must be the 5th or 6th petition entertained by this bench where you’re seeking the removal of mazars. Please let us be clear, do not take it to that dimension… We are not even suggesting remotely that this structure is lawful… but why specifically mazars?… If you actually want to serve the public, there are many other ways… (not) only by seeking removal of such structures… please ask your foundation to do something more than what they are doing… Please advise your foundation to do some better public work.”
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