LPA 617/2026 $~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010360922026 + LPA 617/2026 ANJALI GUPTA .....Appellant Through: Mr. Gautam Narayan, Senior Advocate with Mr. Umang Tyagi, Mr. Sanyam Dahiya, Mr. Siddharth Sharma and Mr. Zuber Ali, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Ashutosh Gupta, ASC with Mr. Arman Monga, Advocate for MCD. Mr. Pawanjit Singh Bindra, Senior Advocate with Ms. Puja Jakhar and Mr. Harshit Prakash, Advocates for R-2. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 07.08.2026 CM APPL. 51929/2026 & CM APPL. 51930/2026 (Exemptions) 1. Exemptions are allowed, subject to all just exceptions. 2. The Applications stand disposed of. LPA 617/2026 3. Heard the learned Counsel for the Parties. 4. The instant intra court Appeal seeks to challenge the order dated 28.07.2026 (“Impugned Order”) passed by the learned Single Judge on an application bearing CM APPL. No. 48078/2026 in W.P.(C) No. 6540/2026, 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 10/08/2026 at 11:33:06 LPA 617/2026 which was moved by the Appellant, whereby the prayers made in the said application have been rejected. 5. The said application was moved by the Appellant with a prayer that, in view of the earlier orders passed by the Junior Engineers and Assistant Engineers, which, according to the Appellant, were inconsistent, the matter, pursuant to the order dated 22.05.2026 passed by the learned Single Judge, be ordered to be decided by the Executive Engineer (Building). 6. The orders of demolition and stoppage of buildings and works in certain cases, in terms of Section 343 of the Delhi Municipal Corporation Act, 1957 (“DMC Act”), are to be passed by the Commissioner of the Municipal Corporation of Delhi (“MCD”). Under the said provision, the Commissioner is the competent authority to initiate proceedings and pass orders. 7. Section 491 of the DMC Act vests in the Commissioner the power to delegate functions, which are to be exercised and performed by the Commissioner under the DMC Act. In terms of the provisions contained in Section 491 of the DMC Act, the power to conduct proceedings and pass orders under Section 343 of the DMC Act has been delegated to the Assistant Engineer. However, the fact remains that it is primarily the Commissioner, who is repository of the said power. 8. Having regard to the facts and circumstances of the case, we proposed to the Parties that let the issue pursuant to the order dated 22.05.2026 passed by the learned Single Judge be considered and decided by the Commissioner of MCD himself. Learned Counsel for the Parties are ad idem with the said proposal. 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 10/08/2026 at 11:33:06 LPA 617/2026 9. Accordingly, we direct that the proceedings which are to be carried out and decided pursuant to the order dated 22.05.2026 shall be conducted and decided by the Commissioner of MCD with expedition, preferably within a period of two weeks. 10. We further provide that the entire proceedings pending before the Assistant Engineer concerned shall be transferred to the Office of the Commissioner of MCD, where the Parties shall put in their appearance on 10.08.2026 at 03:00 PM. 11. The present Appeal stands disposed of in the aforesaid terms. 12. We make it clear that our Order should not be construed as any observation either on the merits of the respective cases of the Parties or on the proceedings conducted till date by the Assistant Engineer concerned. 13. The Impugned Order of the learned Single Judge dated 28.07.2026 stands modified in the aforesaid terms. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J AUGUST 7, 2026 ap 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 10/08/2026 at 11:33:06