Delhi High Court
CONT.CAS(C)/1033/2023 of SH SAURABH GUPTA Vs SHRI GYANESH BHARTI & ORS. on 17 September 2026
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010289192023 + CONT.CAS(C) 1033/2023 & CM APPL. 62317/2023 SH SAURABH GUPTA .....Petitioner Through: None. versus SHRI GYANESH BHARTI & ORS. .....Respondents Through: Mr. G.S. Oberoi, SC with Mr. Ankur Sharma, Advocate for MCD.
$~15
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
#
CNR No. DLHC010289192023
+
CONT.CAS(C) 1033/2023 & CM APPL. 62317/2023
SH SAURABH GUPTA
.....Petitioner
Through:
None.
versus
SHRI GYANESH BHARTI & ORS.
.....Respondents
Through:
Mr. G.S. Oberoi, SC with Mr. Ankur
Sharma, Advocate for MCD.
(M): 9811667770
Email: Oberoi.g3@gmail.com
Mr. J.K. Nayyar with Ms. Radha
Kishan Gupta, Advocates for
respondent no. 1.
(M): 9717321864
Mr. Mayan K. Rustugi with
Ms. Prakriti Kapoor and Mr. Anuj,
Advocates for respondent nos. 3 and
4.
Mr. Sandeep Tyagi, SPC for
respondent no. 5.
(M): 9811912208
Email: sandeeptyagispc@gmail.com
PSI Jaideep, PS Shakarpur.
(M): 8826860820
Email: jdeep77822@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
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O R D E R
% 17.09.2026
1. Status Report dated 16th September, 2026, has been handed over on behalf of the Municipal Corporation of Delhi (“MCD”), which is taken on record.
2. Learned counsels appearing for the respondent MCD as well as respondent nos. 3 and 4 jointly submit that against the order dated 21st May, 2026, passed in the present proceedings, an appeal being CONT. APP.(C) 13/2026 was filed, which was listed before the Division Bench on 05th June, 2026.
3. Vide order dated 05th June, 2026 passed by the Division Bench, the order dated 21st May, 2026 passed in the present proceedings for the purposes of taking action against the property bearing D-53, Aruna Park, Central Market Shakurpur, Delhi – 110092 (“subject property”), was stayed till the next date of hearing.
4. This Court is informed that vide order dated 01st September, 2026, passed in CONT. APP.(C) 13/2026, the said stay order has been continued and the matter is now listed for hearing next on 23rd November, 2026 before the Division Bench.
5. Accordingly, it is directed that subject to any order that may be passed by the Division Bench, appropriate action shall be taken by the respondent- MCD, with regards to the subject property.
6. Learned counsel appearing for respondent nos. 2 and 3 submits that qua the first and second floors of the subject property, demolition action has already been stayed by the Appellate Tribunal, Municipal Corporation of Delhi (“ATMCD”) vide order dated 20th February, 2023, in Appeal No.63/2023.
7. He has handed over to this Court, an order dated 27th July, 2026
passed in W.P.(C) 10316/2026, to submit that qua the third floor of the subject property, stay has been granted, whereby, it has been directed that no coercive steps shall be taken against the subject property.
8. Accordingly, no further orders for demolition action as regards the subject property can be passed or supervised in the present proceedings.
9. However, the respondent-MCD is enjoined upon to take any requisite action subject to any order that may be passed in the other proceedings, which are pending qua the subject property.
10. Noting the aforesaid, the present petition is accordingly disposed of. MINI PUSHKARNA, J SEPTEMBER 17, 2026 c