W.P.(C) 13732/2026 $~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010444842026 + W.P.(C) 13732/2026 & CM APPL. 64035/2026 SH GAJENDER SINGH & ORS. .....Petitioners Through: Mr. Md. Hasan, Mr. Md. Shoaib Mahmood, Advocates. Versus SUB DIVISIONAL MAGISTRATE .....Respondent Through: Ms. Harshita Nathrani, Advocate for Mr. Sameer Vashisht, SC. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 22.09.2026 1. The petitioners claim to be owners in possession of property falling in Khasra Nos. 129/9/2 and 10/1/2 of Revenue Estate, Village Burari, Delhi. It is contended that the property is ancestral in nature and is located within the abadi of Village Jagatpur, Delhi. 2. By way of this petition under Article 226 of the Constitution, the petitioners assail notice No. F.SDM/Burari/2026/3643-53, issued by the Sub-Divisional Magistrate, Burari on 10.09.2026, which contemplates demarcation of government land in various khasras, including Khasra Nos. 129/9/2 and 10/1/2 of Village Burari. It is also stated in the notice that the Irrigation and Flood Control Department, Government of National Capital Territory of Delhi [“IFC”], has stated that some of the land in the area has been encroached, and sought delineation and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2026 at 11:57:59 W.P.(C) 13732/2026 identification of the aforesaid land. 3. Issue notice. Ms. Harshita Nathrani, learned counsel, accepts notice on behalf of the respondent. 4. According to the petitioners, the land originally owned by their family was ad-measuring 26 Bighas and 6 Biswas. Out of this land, initially 2 Bighas and 12 Biswas in Khasra No. 129/9/1 and 1 Bigha and 8 Biswas in Khasra No. 10/1/1 were acquired in 1984-85. Possession of the same was taken on 17.02.1984. Further, 2 Bighas 7 Biswas out of Khasra No. 129/9/2 and 1 Bigha 3 Biswas out of Khasra No. 10/1/2 were acquired in the year 2006, for the purpose of making a biodiversity park by Delhi Development Authority, and possession of the same was therefore taken on 29.05.2006. 5. As a result, the petitioners now claim to be owners in possession of the remaining land in the aforesaid khasras in Village Jagatpur. 6. Mr. Md. Hasan, learned counsel for the petitioners, states that the petitioners have no objection to demarcation and removal of encroachment, as far as the acquired land is concerned, but apprehend that this process would affect the unacquired land, which remains in their ownership and possession. 7. Ms. Nathrani clarifies, on instructions, that the process of demarcation and removal of encroachment is intended only for government land, including the parcels of land acquired in the aforesaid two acquisitions, and is not intended to affect any subsisting rights of ownership and possession. 8. In view of the aforesaid clarifications, no further orders are sought in this writ petition, which accordingly stands disposed of, alongwith the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2026 at 11:57:59 W.P.(C) 13732/2026 pending application. PRATEEK JALAN, J SEPTEMBER 22, 2026 ‘B’/SM/ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2026 at 11:57:59