SADAR CO-OP. GROUP HOUSING SOCIETY vs GOVERNMENT OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9965/2023 and CM APPL. 38423/2023 Date of Decision: 26.02.2026 IN THE MATTER OF: SADAR CO-OP. GROUP HOUSING SOCIETY .....Petitioner Through: Mr. D.K.Devesh and Mr. Jitesh Saluja, Advocates. versus GOVERNMENT OF NCT OF DELHI AND ANR. .....Respondents Through: Ms Avni Singh (Panel Counsel- GNCTD) with Mr Vaibhav Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. A bare perusal of the Impugned Order dated 15.11.2022 passed by respondent no. 2 would reveal that upon finding the petitioner guilty of causing environmental pollution, a liability has been imposed, to pay compensation of Rs. 1,00,000/-. 2. The solitary grievance of the petitioner is that it has not been heard prior to the passing of the Impugned Order which, on the face of it, affects the rights of the petitioner. It contends, that if at all, a liability was to be imposed on it, a hearing should have been offered, wherein, it could have explained and/or justified the actions impugned. Signature Not Verified Signature Not Verified Signed By:PRIYA Signed Signing Date:02.03.2026 By:PURUSHAINDRA 16:10:26 KUMAR KAURAV 3. The controversy involved herein stands covered by the decision passed by the Court in the case of ‘Public Works Department, GNCTD vs. Central Pollution Control Board’,1 which reads as under: “The present petition has been filed by the petitioner challenging the Demand Letters dated 08.04.2019, 15.05.2019 and 17.09.2019 issued by the respondent demanding Environmental Compensation of Rs.1 crore from the petitioner under Section 5 of The Environment (Protection) Act, 1986. The learned counsel for the petitioner placing reliance on Rule 4(3)(a) of The Environment (Protection) Ru