World Lung Foundation South Asia v. New Delhi Municipal Council

A nonprofit organization filed a public interest lawsuit arguing that restaurants are operating hookah bars in violation of the Cigarette and Other Tobacco Products Act (COTPA) and the smoke-free rules issued under the Act. The court ordered Delhi municipalities to incorporate into future and existing hotel and restaurant licenses a condition to comply with the COTPA and the corresponding rules and that a breach will result in cancellation of the license. The court directed the municipalities and the police to immediately cancel the license upon finding of a violation of the COTPA or its rules. The court noted that it was not able to rule on whether hookahs that do not contain nicotine or tobacco violate the law or the rules; instead, the court said it is for the appropriate authorities to determine on a case-by-case basis whether the COTPA and corresponding rules are being violated.


World Lung Foundation-South Asia v. New Delhi Municipal Council, W.P.(C) 4579/2012 & CM No. 9509/2012, High Court of New Delhi (2013).

  • India
  • Dec 3, 2012
  • High Court of Delhi at New Delhi


Plaintiff World Lung Foundation-South Asia


  • Delhi Police
  • Government of National Capital Territory of Delhi (GNCTD)
  • Ministry of Health and Family Welfare (Department of Health), Government of India
  • New Delhi Municipal Council
  • North Delhi Municipal Corporation
  • South Delhi Municipal Coproration

Third Party

  • National Restaurant Association of India

Legislation Cited

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product