Delhi HC Takes Aim at NGO’s Selective Focus on Religious Structures Amid Encroachment Concerns

New Delhi, September 3, 2025: The Delhi High Court has raised significant concerns over the Save India Foundation, an NGO that filed a petition seeking the removal of alleged illegal encroachments on the Yamuna floodplains. The case, which specifically targets a mazar and three dargahs, has sparked heated discussions regarding the selective nature of the NGO’s focus. The Court questioned why the NGO was only addressing encroachments linked to religious structures, such as mazars and dargahs, while seemingly ignoring other illegal encroachments across the city. This provocative move by the High Court has intensified the debate about how public land encroachment is handled, especially when it involves religious sites.

The Petitioner’s Claims

The petition, filed by the Save India Foundation, led by Preet Singh, alleges that a substantial portion of government land on the Yamuna floodplains has been encroached upon by land mafias. The petition highlights the construction of religious structures, including a mazar and three dargahs, which are purportedly built on public land. These encroachments, the NGO claims, are part of a broader problem of land misuse, which undermines the environment and the integrity of public spaces in Delhi.

The Save India Foundation’s petition, though significant in scope, has raised eyebrows for its selective focus. The NGO has emphasized the need for the removal of these specific religious structures but has not presented evidence or argued for the removal of other types of encroachments on the Yamuna floodplains. This raises concerns about the broader implications of such a targeted approach, which many feel could unintentionally stoke communal tensions in the already sensitive socio-political landscape of Delhi.

Court’s Strong Observations

During the court proceedings, Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela were particularly critical of the Save India Foundation’s petition. The judges questioned the NGO’s decision to focus only on religious sites, asking, “How do you selectively bring forth these petitions of dargahs allegedly encroaching? Do you not see other encroachments?” The court went further to scrutinize the petitioner’s selective approach, stating, “Why are you identifying only mazars?”

These pointed remarks from the judges highlight a growing concern about the potential misuse of Public Interest Litigations (PILs) in order to address specific grievances that may seem divisive or selective in nature. The court stressed the importance of tackling encroachment issues comprehensively, without focusing on a narrow set of grievances that could exacerbate social tensions.

While the court clarified that it was not defending the mazars or dargahs in question, it emphasized the need for a balanced approach. The Delhi HC has asked the authorities to act swiftly in addressing the complaint but underlined the importance of a non-discriminatory and inclusive process.

NGO’s Controversial Past

The Save India Foundation, though known for its active role in public policy issues, has previously faced controversy for its involvement in events that have sparked public debates on communal sensitivities. In 2022, Preet Singh and the foundation were booked by the Delhi Police for allegedly delivering hate speeches at a “Hindu Mahapanchayat” organized in Burari, which was attended by controversial figures like Yati Narsinghanand. The event reportedly saw the raising of provocative anti-Muslim slogans, further fuelling the tensions between different communities.

In another incident, Singh was associated with an event at Jantar Mantar in 2021, where similar anti-Muslim rhetoric was allegedly promoted. Given this background, the NGO’s petition targeting specific religious structures has raised eyebrows, with many questioning whether it is part of a broader agenda that could further polarize communities.

A Broader Debate on Encroachment

While the focus on mazars and dargahs has captured the court’s attention, it has also highlighted the wider issue of public land encroachment in Delhi. Encroachment on public land is an issue that affects various communities and sectors, from residential areas to commercial spaces. The court’s scrutiny over the selective focus of the Save India Foundation raises the broader question of whether legal actions on encroachments should target specific religious or community-based structures, or whether they should address the issue holistically, regardless of the type of encroachment.

Encroachments have become a serious problem in Delhi, especially in areas such as the Yamuna floodplains. The unchecked growth of illegal structures not only disrupts the environment but also diminishes the availability of public spaces for ordinary citizens. Many have argued that these encroachments, which range from residential buildings to unauthorized marketplaces, often bypass regulations and continue to grow without legal scrutiny.

By focusing on religious structures in this particular case, critics argue that the Save India Foundation could be playing into divisive narratives rather than addressing the root causes of land encroachment, which affects all sections of society equally.

Court’s Call for Expedited Action

In a rare intervention, the Delhi High Court has directed the relevant authorities to expeditiously consider the Save India Foundation’s petition and take appropriate action regarding the alleged encroachments. However, the Court has made it clear that it expects a more balanced approach, warning against selective targeting of specific sites based on religious affiliation.

The judges urged the NGO to broaden its focus and engage with public concerns in a more inclusive manner, stating that the purpose of PILs is not to create divisions but to ensure that the law is upheld for the public good. The Delhi HC’s emphasis on the need for impartiality and fairness in the legal process could mark a turning point in how encroachment cases are handled in the future.

Implications for Delhi’s Land and Social Harmony

This case not only raises questions about encroachment but also about the role of NGOs in influencing public policy and legal proceedings. Public Interest Litigations, while important tools for social justice, need to be pursued with care to ensure that they do not inadvertently fuel division among communities.

The Delhi High Court’s intervention could set a precedent for how encroachment cases are handled in the future, especially in a city as diverse as Delhi. It is essential that legal measures against encroachment be executed fairly and with a focus on long-term solutions that benefit all residents of the city.

As authorities prepare to review the Save India Foundation’s complaint, the case serves as a stark reminder of the complexities involved in addressing public land encroachment. It is clear that a more comprehensive, inclusive approach is needed to tackle this issue in a way that fosters unity rather than division.

The Delhi High Court’s questioning of the Save India Foundation highlights the delicate balance that must be maintained when dealing with sensitive issues like encroachment on public land. By addressing the broader problem of encroachment without focusing on specific religious sites, the case could set the stage for a more inclusive, harmonious approach to public land management in Delhi. As the legal proceedings unfold, all eyes will be on how the authorities respond to this challenge and whether a fair and balanced solution can be reached.