VIVEKANAND PURI VIKAS PARISHAD REGD vs GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI & ANR.

Judgment text excerpt

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7477/2025 and CM APPL. 33400/2025 Date of decision: 24.03.2026 IN THE MATTER OF: VIVEKANAND PURI VIKAS PARISHAD REGD .....Petitioner Through: Mr. Tarun Sharma, Mr. Abid Ali, Mr. Manek Sharma and Mr. Karrtik Sharma Advocates. versus GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI & ORS. .....Respondents Through: Mr Abhinav Singh Advocate Mr P.S Singh CGSC, Mr. Rajneesh Sharma, Ms Shivangi Sharma, Advocates for R-4. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The instant petition is for the following reliefs:- “a) allow the present Writ Petition in favour of the Petitioner and against the Respondents; b) issue an appropriate Writ of Certiorari or Directions against the Respondents, more particularly the Respondent No.2: Sub-Divisional Magistrate: Sub-Division Kotwali, to direct the setting aside/ quashing of the Impugned Notices bearing No. F. SOM/ KOT/ DPCC/ RECOVERY/ 2025, dated 17.04.2025, which have been issued to the Resident Members of the Petitioner Residents' Welfare Association namely Vivekanand Puri Vikas Parishad (Registered)/ Vivekanand Puri Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed Signing Date:28.03.2026 By:PURUSHAINDRA 14:05:40 KUMAR KAURAV Development Council (Registered) for the Recovery of Rs.30,000/- (Rupees Thirty Thousands Only) levied as Environmental Compensation in an arbitrary & illegal manner without following the Due Process of Law.” 2. The sole grievance raised by the petitioner is that no opportunity of hearing was afforded to the petitioner before passing of the impugned order. 3. The Supreme Court in Biecco Lawrie Ltd. and Anr. v. State of West Bengal and Anr.,1 has observed that both side