W.P.(C) 4827/2026 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010149262026 + W.P.(C) 4827/2026 & CM APPL. 23654/2026 SUSHIL KUMAR .....Petitioner Through: Mr. Rajan Sabharwal and Mr. Raghav Sabharwal, Advocates versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Vikas Chopra, Standing Counsel, MCD with Mr. Neeraj Kumar, Advocate Ms. Laavanya Kaushik, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 07.08.2026 1. The present writ petition has been filed seeking a direction to the respondent no.1/MCD to take appropriate action in respect of the unauthorised construction being carried out by the respondent no.2 at Indraprastha Gudiya Math, Dina-Ka-Talab, Malka Ganj Chowk, Delhi- 110007 (hereinafter ‘subject property’). 2. It is stated that the petitioner is a tenant in one of the shops in the aforesaid premises and is being adversely affected on account of ongoing construction being carried out by the private respondent no.2, who is the landlord of the subject property. Photographs have been filed along with 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 11/08/2026 at 11:54:57 W.P.(C) 4827/2026 petition showing the ongoing construction. 3. Status report has been filed on behalf of MCD. However, the same is not on record. A copy of the status report has been handed over by counsel for the respondent/MCD. 3.1. The same is taken on record. 4. In terms of the status report, it is stated that the private respondent no.2 has approached the Appellate Tribunal, MCD against the demolition order passed by MCD on 9th June, 2026, wherein interim protection has been granted in its favour vide order dated 1st July 2026. The operative part of the ATMCD order is set out below:- “Till next date of hearing, no coercive action be taken against the property of appellant i.e. Indraprastha, Godiya Math, Malka Ganj, Delhi-110007. in pursuance of the demolition order dated 09.06.2026. This interim order shall not come in the way of any order/directions passed by the Hon'ble High Court as well as Hon'ble Supreme Court of India. It is also made clear that no encroachment on the public land is protected. The appellant is directed not to raise any further construction in the property in question.” 5. In view of the above, the present writ petition is disposed of while directing the respondent/MCD to take appropriate action based on the outcome of the aforesaid appeal. 6. All rights, contentions and legal remedies of the parties shall remain protected. AMIT BANSAL, J AUGUST 7, 2026 ds 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 11/08/2026 at 11:54:57