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2026 DAILYLAW 17602 (DEL)

DILIP GUPTA v. MUNICIPAL CORPORATION OF DELHI

W.P.(C)/13010/2026 · 2026-09-07

Amit Bansal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(C)13010/2026 $~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010421532026 + W.P.(C)13010/2026 & CM APPL. 60396/2026, CM APPL. 60397/2026 DILIP GUPTA .....Petitioner Through: Mr. Shailendra Babbar with Mr. Ajay Kumar, Mr. Swapnil A. and Mr. Nandan, Advocates. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Siddhant Nath, Standing Counsel with Mr. Bhavishya Makhija and Mr. Amaan Khan, Advocates for R/MCD. Mr. Niraj Kumar, Sr. Central Govt. Counsel and Mr. Chaitanya Kumar, Advocate for R/Delhi Police. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 07.09.2026 1. The present writ petition has been filed seeking the following reliefs: 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 09/09/2026 at 12:02:41 W.P.(C)13010/2026 2. It is stated that the petitioner and his two brothers, namely (1) Sh. Pradeep Gupta and (2) Sh. Sanjeev Gupta are the owners and in possession of the land measuring 725 sq. yards carved out of Khasra No. 262 Min, situated at Western Marg, Village Saidulajab, Tehsil Hauz Khas, New Delhi (hereinafter ‘subject premises’). 3. The grievance of the petitioner is with regard to notice dated 1st September, 2026 under Section 345A of the Delhi Municipal Corporation Act, 1957 (‘DMC Act’) which was pasted on the aforesaid premises on 2nd September, 2026 whereby the petitioner has been directed to discontinue the alleged misuse of the property and bring the subject premises within the permitted use within 48 hours, failing which, the premises have been threatened to be sealed without any further notice. 4. It is submitted on behalf of the petitioner that the impugned notice has been issued without any opportunity of hearing being granted to the petitioner. 5. Having heard the counsel for the parties, this Court is of the opinion that the impugned notice dated 1st September, 2026 be treated as a show- 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 09/09/2026 at 12:02:41 W.P.(C)13010/2026 cause notice to the petitioner. 6. A reply/representation has already been filed by the petitioner on 3rd September 2026, raising objections to the aforesaid notice dated 1st September 2026. 7. The MCD shall adjudicate the said show-cause notice and decide the aforesaid objections in accordance with law. Till the time a decision is taken by the MCD and communicated to the petitioner, no coercive steps shall be taken against the showroom at the subject premises. 8. The present writ petition is disposed of in the aforesaid terms. 9. All rights, contentions and legal remedies of the parties are kept open. 10. Pending application(s) stand disposed of. AMIT BANSAL, J SEPTEMBER 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 09/09/2026 at 12:02:41