High Court of DelhiW.P.(C)/5295/2026

Vidhya Devi v. Government Of NCT Of Delhi & ORS.

2026-04-20Hon'Ble Mr. Justice Amit Bansal2 pages

$~75 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5295/2026 & CM APPL. 25977/2026 VIDHYA DEVI .....Petitioner Through:

Mr. Ashok Gurnani, Advocate.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Abhinav Singh and Mr. P. Jain, Advocates for R-1 & 3.

Mr. Harshit Chopra, standing counsel with Ms. Swati Tiwari, Mr. Khushal Chand Aggarwal, Advocates for R2/MCD.

Mr. Biraja Mahapatra, Advocate for R-4/DPCC (through VC).

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 20.04.2026 1.

The present writ petition has been filed seeking setting aside of the sealing order passed by the respondent/MCD on 27th July, 2019. A further direction is sought for setting aside the penalty imposed by the Delhi Pollution Control Committee (hereinafter 'DPCC') on the petitioner. 2.

Insofar as the sealing order is concerned, counsel appearing on behalf of the respondent/MCD submits that the proper remedy for the petitioner would be to approach the Judicial Committee appointed by the Supreme Court vide order dated 13th September, 2022 in WP(C) 4677/1985. 3.

Insofar as the penalty/environmental damage compensation of W.P.(C) 5295/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2026 at 13:23:21

Rs.28,12,500/- is concerned, counsel appearing on behalf of DPCC, on advance notice, submits that the aforesaid amount has been levied against one Mr. Pappu Divakar, who was the erstwhile tenant of the petitioner. Therefore, the same cannot be recovered from the petitioner. 4.

In view thereof, the present writ petition is disposed of while giving liberty to the petitioner to file an appeal before the Judicial Committee as constituted by the Supreme Court in WP(C) 4677/1985 titled as M.C. Mehta v. Union of India [order dated 13th September, 2022] 5.

Consequently, all pending application(s) stand disposed of. 6.

All rights, contentions and legal remedies of the parties are kept open. AMIT BANSAL, J APRIL 20, 2026 Rzu W.P.(C) 5295/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/04/2026 at 13:23:21