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DELHI HIGH COURT
D.MURUGESAN, RAJIV SAHAI ENDLAW
World Lung Foundation-South Asia – Appellant
Versus
New Delhi Municipal Counci – Respondent


JUDGEMENT

Rajiv Sahai Endlaw, J.

1. This petition filed in public interest flags the aspect of non-implementation of the provisions of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) and the Rules framed thereunder including the Prohibition of Smoking in Public Places Rules, 2008 (Smoke Free Rules). The particular grievance is that Eating Houses which have been granted licenses, also run Hookah Bars in violation of the COTPA and the Smoke Free Rules. The petition seeks a mandamus to the respondents No.1 to 5 Municipal Council/Corporation of Delhi to incorporate in the licenses granted to the said Eating Houses, a condition to comply with the COTPA and the Smoke Free Rules and a further direction for cancellation of the said licenses for violation of COTPA and Smoke Free Rules. Similar directions are also sought against respondent No.6 Ministry of Health and Family Welfare (Department of Health), Government of India, respondent No.7 Government of National Capital Territory of Delhi (GNCTD) and respondent No.8 Delhi Police. Action with respect to the Hookah Parlours and H

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