W.P.(C)/13912/2026 of M/S DEEWAN PALACE Vs DELHI POLLUTION CONTROL COMMITTEE & ORS. on 21 September 2026

O R D E R

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21.09.2026

1. By the present petitions, the petitioners seek following reliefs: “I. Issue a Writ of Certiorari or any other appropriate writ, order, or direction to Quash and Set Aside the impugned i) the Show Cause Notice for Closure (File No. DPCC/(10)(02)/(63)/Leg-25/482-83), ii) the Show Cause Notice for Imposition of Environmental Compensation (File No. DPCC/(10)(02)/(63)/Leg-25/484-85), iii) Show Cause Notice for Imposition of Environment Compensation for non-complaint DG Set (File No. DPCC/(10)(02)/(63)/Leg-25/486-87), all dated 11.08.2026 issued by Respondent No. 1; and

II. Issue a Writ of Mandamus directing Respondent No. 2 (MCD) and Respondent No. 3 (DJB) to immediately fulfil their constitutional and statutory obligations by laying trunk sewer lines and providing municipal piped water supply in the Bijwasan area; and

III. Direct Respondent No. 1 to grant a Provisional Consent to Operate (CTO) to the Petitioner, tailored for setups relying on septic tanks, valid until functional municipal infrastructure is commissioned; and

IV. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. And “I. Issue a Writ of Certiorari or any other appropriate writ, order, or direction to Quash and Set Aside the impugned i) the Show Cause Notice for Closure (File No. DPCC/(10)(02)/(63)/Leg-25/416-17), ii) the Show Cause Notice for Imposition of Environmental Compensation (File No. DPCC/(10)(02)/(63)/Leg-25/418-19) both dated 11.08.2026 issued by Respondent No. 1; and

II. Issue a Writ of Mandamus directing Respondent No. 2 (MCD) and Respondent No. 3 (DJB) to immediately fulfil their constitutional and statutory obligations by laying trunk sewer lines and providing municipal piped water supply in the Bijwasan area; and

III. Direct Respondent No. 1 to grant a Provisional Consent to Operate (CTO) to the Petitioner, tailored for setups relying on septic tanks, valid until functional municipal infrastructure is commissioned; and

IV. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

2. It is the grievance of the petitioners that they have been issued Show Cause Notices indicating proposed actions which are barred by the law laid down by the Hon’ble Apex Court in Delhi Pollution

Control Committee v. Lodhi Property Co. Ltd. etc.: (2026) 2 SCC

670.

3. Be that as it may, the petitioners have already filed their respective replies to the Show Cause Notices and the final order is yet to be passed.

4. It remains undisputed that the respondent authorities are bound by the law laid down by Constitutional Courts. It is, therefore, expected that any order that may be passed would adhere to the law laid down by the Courts from time to time. The present petition only on apprehension that the respondents would pass a final order without considering the applicable law is therefore, premature.

5. The respondent authorities are directed to consider the reply of the petitioner and take a decision in accordance with applicable laws.

6. The petitioner would be at liberty to take recourse to further proceedings in case any grievance remains in future.

7. It is made clear that this Court has not expressed any opinion on the allegations made by the respondent authorities and the reply filed by the petitioner in that regard.

8. The petitions are disposed of in the aforesaid manner.

9. Pending application(s) also stands disposed of.

10. A copy of the order passed today be kept in the connected matter. AMIT MAHAJAN, J SEPTEMBER 21, 2026 “SK”