Disposed

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

NGT1 Apr 2026IA No. 600/2025 in Execution Application No. 11/2023

Case brief

AI extract

What is this about?

In an execution application, the National Green Tribunal disposed of a petition seeking desealing of hotel borewells after receiving a compliance report. The Court noted environmental damage compensation actions by DPCC and directed the DJB to report on meter installation within four weeks.

What did the court decide?

The execution application No.600/2025 was disposed of as relief was granted. The Delhi Jal Board was directed to file a report on meter installation.

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

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Item No.09

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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 No 600/2025, IA No 594/2024, IA No 595/2024, IA No 596/2024, IA No 597/2024, IA No 829/2023) In Original Application No. 89/2021

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Varun Applicant

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Versus

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Govt. of N.C.T. of Delhi & Ors. Respondent(s)

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Date of hearing: 01.04.2026

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

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Applicant: Ms. Mansi Chahal, Mr. S.A. Zaidi & Mr. Kapil, Advocates for the Applicant in E.A 11/2023

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Respondents: Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for GNCTD & DM, Central Ms. Priyanka Swami, Ms. Dippt Anubhuti & Mr. Abhishek Khare, Advocates for DJB Mr. Narender Pal Singh, Advocate for MoEF & CC. Mr. Balendu Shekhar & Ms. Tanisha Samanta, Advocates for DPCC (Through VC) Mr. Gigi. C. George, Adv. for CGWA Mr. Kanu Agrawal & Mr. Gaurav Vats, Advs. for Lodging House Owners Association

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ORDER

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I.A. No. 600/2025 was filed by four hotels which were sealed and it was claimed that subsequently they had obtained NOCs but borewells were not desealed. Hence, in the I.A., a direction was sought by these four hotels to the GNCTD/ District Magistrate, Central District Delhi to deseal the borewells of above four hotels.

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The reply dated 20.02.2026 has been filed by Sub-Divisional Magistrate, Karolbagh District, GNCTD disclosing that borewells of these four hotels have been de-sealed on 18.02.2026 after ensuring adherence to the applicable conditions and subject to compliance of environmental

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safeguards. The disclosures so made by Sub-Divisional Magistrate,

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Karolbagh District, GNCTD in the reply is as under:-

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“4. That in compliance with the aforesaid directions and approvals, borewells of the following four hotels/guest houses situated in Pahar Ganj area were de-sealed on 18.02.2026, after ensuring adherence to applicable conditions and subject to compliance with environmental safeguards:

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S.No.	Name of Hotel	Address
i.	Hotel Sahil DX	8216/6, Arakashan Pahar Ganj, New Delhi-1	Road, 10055
ii.	Hotel Delhi Continental	8218-19, Arakashan Pahar Ganj, New Delhi-1	Road, 10055
iii.	Hotel Hindustan International	8220 A/6, Arakashan Pahar Ganj, New Delhi-1	Road, 10055
iv.	Hotel MEM International	2154, Desh Bandhu Road, Pahar Ganj, New 110055	Gupta Delhi-

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5. That the de-sealing proceedings were carried out in the presence of concerned officials, and a de-sealing report was prepared and placed on record. Copy of the said de-sealing report dated 18.02.2026 is annexed hereto as Annexure-C.

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6. That the above action has been taken strictly in compliance with the directions of the Hon'ble NGT and approvals of the Competent Authority.

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7. That the matter is under continuous monitoring, and any further directions issued by the Hon'ble Tribunal shall be complied with in letter and spirit. The present report is being filed for the kind consideration of this Hon'ble Tribunal and may kindly be taken on record.”

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Since requisite relief has been granted to the applicants in IA

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No.600/2025, therefore, IA is disposed of.

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It has been pointed out by Counsel for GNCTD that action was

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required to be taken on following three issues:

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i. Assessment of financial loss to the exchequer for extending the benefit of VDS inspite of the fact that no VDS was notified;

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ii. Extent of damage caused to the environment and effect of such illegal action on the ground water of the area concerned and recovery of environmental damage compensation;

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iii. Fixing the responsibility upon the officers who had permitted the benefit without there being any notified VDS .

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It has been pointed out that requisite action under the aforesaid

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three heads have been taken and so far as, EDC is concerned, action has been initiated by Delhi Pollution Control Committee (DPCC).

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The DPCC in its report dated 04.02.2026 has disclosed the status of

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imposition of EDC on the defaulting 555 hotels as under:

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“5. That, Karol Bagh SDM issued a email on 03.01.2026 to DPCC referring DJB's letter dated 19.12.2025. In the DJB letter, a list of 555 Hotels/guest houses and number of rooms in each hotel/ guest house in Paharganj area extracting ground water illegally alongwith average water consumption per day room (0.065 m³/day) and period of violation as 11 years. In the list provided by the DJB, names of 19 hotels/ guest houses appeared twice and so the final list comes out to 537.

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6. Earlier, on the basis of inspection by DJB and DPCC, DPCC imposed interim EDC of Rs. 1.00 lakh per borewell on 441 hotels/ guest houses.

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7. Now, as the DPCC has received the data of extraction of ground water unauthorizedly from the DJB, it has now calculated EDC on the basis of CPCB formula. The gist of the same is as under:

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(a) No. of entities against whom orders issued imposing additional EC:441

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(b) No. of entities against whom SCN for EC: 96

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Total: 537

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List of the 441 hotels/ guest houses and 96 hotels/ guest houses are enclosed herewith as Annexure-1 and Annexure-2.”

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For regulation of drawl of water from borewells by these hotels, the

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piezometers are required to be installed so that quantity of ground water

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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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List on 17.07.2026.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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April 01, 2026 Execution Application No. 11/2023 JG.

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

Case brief

What is this about?

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

Case brief

What is this about?

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