Varun v. Govt. of N.C.T. of Delhi

NGT17 Jul 2026IA No. 434/2026 in Execution Application No. 11/2023

Case brief

AI extract

What is this about?

The National Green Tribunal considered an execution application regarding illegal groundwater extraction by hotels in Delhi. The court noted partial compliance by the Delhi Jal Board, with only 162 out of 555 establishments installing meters. The Tribunal directed the Board to expedite action and directed that sealing of borewells be deferred if charges are deposited under protest.

What did the court decide?

Directed Delhi Jal Board to take expeditious action for installing meters. Directed that sealing of borewells be deferred if environmental damage charges are deposited under protest and an undertaking

Varun vs Govt. of N.C.T. of Delhi — Environment and Pollution | NGT (2026)

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Item No. 07

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Execution Application No. 11/2023 (IA Nos. 359/2026, 360/2026, 434/2026, 594/2024, 595/2024, 596/2024, 597/2024 & 829/2023) In Original Application No. 89/2021

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Varun Applicant

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Versus

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Ministry of Environment and Forest & Ors.

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Respondent(s)

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Date of hearing: 17.07.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. Kapil Sagar, Advocate for the Applicant in E.A 11/2023 Respondents: Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for GNCTD (Through VC) Ms. Priyanka Swami, Ms. Dippt Anubhuti & Mr. Abhishek Khare, Advocates for DJB Mr. Narender Pal Singh, Advocate for MoEF & CC (Through VC) Mr. Balendu Shekhar & Ms. Tanisha Samanta, Advocates for DPCC (Through VC) Mr. Gigi. C. George, Adv. for CGWA Ms. Kritika Gupta, Adv. for Lodging House Owners Association (Through VC) Mr. Prashant Pathale & Mr. Kumud Dwivedi, Advs.

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ORDER

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In this Original Application (OA), the Tribunal is considering the issue of illegal extraction of ground water by hotels, guest houses, commercial establishments etc. operating in the Paharganj area of Delhi.

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Initially a stand was taken before the Tribunal about the permissibility of these establishments to draw the ground water on the basis of voluntary disclosure scheme (VDS). The Tribunal examined the issue and found that existence of any such VDS was not substantiated. The Tribunal in this regard has found in the order dated 03.09.2024 as under:-

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“1. In these proceedings the Tribunal is considering the issue of illegal extraction of ground water by 536 hotels/guest houses operating in the Paharganj area of Delhi.

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2. On 22.08.2024 when the matter was listed the Counsel for the DJB, DPCC and GNCTD had taken divergent stands in response to the query as to which Authority is responsible for checking the illegal extraction of groundwater in the NCT of Delhi and for taking punitive action for such violation.

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xxx

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xxx xxx

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16. We are surprised that though the Authorities are placing reliance upon the VDS but none of the Authorities has a copy of the said scheme available with it. The Counsel for the Authorities present in the Court are not in a position to disclose if after voluntary disclosure the hotels/guest houses in question had complied with the Notification dated 18.05.2010 or the guidelines of MoJS dated 24.09.2020 as amended on 29.03.2023 or paid the water charges. From the stand of the learned Counsel for the Authorities prima facie it appears that at least since 2010 these hotels/guest houses have been drawing groundwater illegally without payment of any charges to the Authorities and without any regulation or check on such illegal withdrawal. Hence, we require the DJB to place on record the yearwise details since 2010 till now in respect of the following:-

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1. Applications received from these 442 hotels/guest houses (185 under VDS and 257 without VDS) for permission to draw groundwater from the borewell.

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2. Year-wise information from 2010 till now of the number of hotels/guest houses out of these 442 to whom NOCs for drawal of water from borewells have been issued.

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3. Year-wise details of the demand notices/bills issued to these 442 hotels/guest houses against extraction of groundwater.

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4. Year-wise details of communication sent to the Competent Authority for taking action against these 442 hotels/guest houses for illegal extraction of ground water.

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17. Since a stand has been taken by the DJB that VDS was framed by MoEF&CC. Therefore, we implead the following as additional Respondent:-

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1. Ministry of Environment, Forest and Climate Change through the Secretary. Office to prepare amended Memo of Parties.

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18. The Applicant is directed to serve this newly added Respondent within three days and the newly added Respondent is directed to place on record a copy of the VDS.

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19. The SDM, Karol Bagh has filed a reply dated 28.11.2023 stating that the DJB collects groundwater usage charges from all the commercial units for operating their tubewells/borewells for extraction of ground water and that as per the resolution a sum of Rs. 1670/per month is levied for extraction of groundwater from non-packing industries. In addition the sewage charges @Rs. 2000 per month for discharging extra sewage generated on account of extracting of ground water is levied.

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20. The DPCC had earlier filed the report dated 22.07.2024 mentioning that show-cause notices were issued to all 442 hotels/guest houses on 10.07.2024 for imposition of environmental damage charges of Rs. 1 lakhs on each unit. In the subsequent report dated 20.08.2024 the updated status is disclosed is as under:-

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“2. That following is the updated status with respect to the show cause notice.

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(a) 260 units submitted their response.

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(b) 180 units not submitted any response.

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(c) 02 units submitted their response and also deposited Rs. 1 lakhs as Environmental Damage Charges as mentioned in Show cause notice.

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3. That order for confirmation of Environmental Damage Charges of Rs. 1 lakhs on 440 units has been issued on 14.08.2024.”

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21. Thus, the DPCC confirmed imposition of environmental damage charges of Rs. 1 lakh on 442 hotels/guest houses on 14.08.2024.

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22. Learned Counsel for the Association for Lodging Houses Owners Association pressing I.A. No. 829/2023 has submitted that earlier the I.A. was taken on 30.11.2023 but since at that time, the action of sealing of borewells was temporarily put on hold therefore consideration of I.A. was deferred till the filing of reply by the concerned parties. He submits that no reply to the I.A. has been filed but again the sealing drive has started.

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23. Having regard to the plea that such a sealing drive is impeding the operation of hotels/guest houses and also considering the statement of the Counsel for the Applicant that they are ready to deposit the environmental damage charges under the protest and comply with the requirement of law, by way of an interim measure, we direct that if any hotel/guest house in question deposits the environmental damage charges under protest, applies for permission, gives an undertaking to comply with all norms and to pay regular water charges, the concerned Authority will defer the action of sealing of the borewells against that hotel/guest house till the next date of hearing.”

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At that stage the issue of sealing of borewells operating without requisite permissions and without payment of charges was also considered.

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It is not in dispute before the Tribunal that piezometer is required to be installed to measure the quantity of water extracted through these borewells. The DJB was required to take action for installation of

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piezometer. This fact was duly noted by the Tribunal in the proceedings

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dated 01.04.2026 as under:-

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“xxx xxx xxx

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7. For regulation of drawl of water from borewells by these hotels, the piezometers are required to be installed so that quantity of ground water drawn by them can be ascertained and requisite charges can be levied. Therefore, we require the DJB to file further report within four weeks disclosing the status of installation of meters in these 555 hotels/guest houses which are under consideration.”

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The DJB has filed the status report dated 16.07.2026 disclosing the status of compliance of the above directions as under:-

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“xxx xxx xxx

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6. That, as per the compliance documents to be submitted before Delhi Jal Board, 162 establishments have installed Digital Water Meters. True copy of the Sheet showing status of all 555 Hotels/guest houses is hereby attached and annexed as Annexure P/2.

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7. That with respect to the remaining establishments, the answering Respondent has continued the compliance exercise and has issued reminders/ Final notices dated 07.07.2026 directing immediate installation of Digital Water Meters/Piezometers within 7 days, failing which appropriate action in accordance with law shall follow. True copy of one of the Final Notices dated 07.07.2026 is hereby annexed and marked as Annexure P/3.

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In last more than three months only in 162 establishment piezometers has been installed and the remaining 393 out 555 are still extracting ground water without any measurement of quantity and without installing the piezometer. Along with the reply only one notice has been enclosed that too issued as a final reminder. It is not even disclosed in the reply that such a notice has been issued to the remaining defaulting establishments. In such circumstances, we are of the view that DJB has failed to take prompt action in the matter.

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Learned counsel for the DJB submits that now expeditious action will be taken by the DJB and has sought further four weeks’ time to file the compliance report. The prayer is accepted.

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IA No. 359/2026 has been filed by the Applicant-Ved Pal Bhatia seeking direction and IA No. 360/2026 has been filed by the same Applicant seeking impleadment.

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Let a copy of these IAs be supplied by the counsel for the Applicant in the IA to the counsel for all the concerned parties within three days. It will be open to all the concerned parties to file reply to these IAs within four weeks.

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With the afflux of time, IA No. 434/2026 which is an application for early hearing has become infructuous which is dismissed accordingly.

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List on 03.09.2026.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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July 17, 2026 Execution Application No. 11/2023 A

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Varun v. Govt. of N.C.T. of Delhi

Case brief

What is this about?

What did the court decide?

Varun v. Govt. of N.C.T. of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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