$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17913/2025 and CM APPL.74108/2025 RAJENDER SINGH & ORS. .....Petitioners Through: Mr. Uttam Dutt, Mr. Yuvraj Singh and Mr. Yash Agarwal, Advocates.

versus HEAD WORKS DIVISIONAGRA CANAL, OKHLA, & ANR.

.....Respondents Through:

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 26.11.2025 The matter is taken up today as 25.11.2025 was declared a holiday on account of 350^th Anniversary of “Guru Teg Bahadur’s Martyrdom Day”.

CM APPL.74109/2025 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 17913/2025

3. The present petition has been filed by the petitioners assailing a notice dated 15.10.2025 issued by the respondent no.1. The same reads as under:

““

सावजिनक सूचना

सव साधारण को सूिचत िकया जाता है िक ग्राम ओखला के खसरा सं० 276 िदी स्थत िसंचाई िवभाग उर प्रदेश के ािम म आने वाली भूिम म अवैध प से खोखे / दुकानों के ीकृत ेत्रफल से अिधक पर अबैध प से का कर पा िनमाण िकया गया है। ीकृत ेत्रफल से अिधक पर िकये गये पे िनमाण काय के स म पुनः आपको सूिचत िकया जाता है िक 15 िदवस के अर हर हाल म हटा ल। अथा िकसी भी तरह की िवषम परस्थित / हािन के

िलए आप यं उर दायी होग।

िदनांक:-15.10.2025”

4. It is submitted that by way of the aforesaid notice, respondent no.1 directed the petitioners to remove to their shops/permanent structures from the alleged “extended/encroached” area, notwithstanding the fact that the premises were originally allotted by the respondent no. 1 and the rent was continuously accepted by the said respondent for a substantive period of time (up yo the year 2020).

5. It is further submitted that the respondent, thereafter inexplicably stopped accepting rent. However, the shops/permanent structures of the petitioner have been subsisting for more than 50 years. It is also contended that no encroachment has been made by the petitioners on any public land or area.

6. Issue notice to the respondent/s, on necessary steps being taken by the petitioner, through all permissible modes including electronically, returnable for the next date of hearing.

7. Let reply be filed within a period of 3 weeks from today. Rejoinder thereto, if any, be filed within a period of 2 weeks thereafter.

8. In the circumstances, considering that no specific show cause notice has been issued to the petitioner, it is directed that in case any coercive/demolition action is sought to be taken in respect of the premises occupied by the petitioners, the same shall be preceded by a specific show cause notice, clearly setting out the allegations qua the premises occupied by the petitioners, followed by an opportunity of hearing and a reasoned order.

9. Compliance with the procedural formalities as contemplated by the Supreme Court in In Re: Directions in the matter of demolition of structure 2024 SCC OnLine SC 329, shall be ensured by the respondents, before taking any precipitative steps.

10. List on 10.02.2026.

11. In the meantime, the petitioners shall be at liberty to make a representation to respondent no.1 for deposit/payment of rent, including arrears thereof. Let the same be duly considered by the respondent no. 1.

SACHIN DATTA, J NOVEMBER 26, 2025/at