Delhi High Court - Orders
Mrs. Deepti K. Pillai vs Union Of India & Ors on 4 November, 2020
Author: Najmi Waziri
Bench: Najmi Waziri
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 5674/2020 & CM APPL. 20532/2020
MRS. DEEPTI K. PILLAI .....Petitioner
Through: Mr. Wills Mathews and Mr. Paul
John Edison, Advocates.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr Amit Kumar, Advocate for
UOI/R-1.
Mr Tanmay Yadav, Advocate for R-2,
R-3 and R-4.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 04.11.2020 The hearing was conducted through video conferencing.
1. The learned counsel for the respondents state that they are constrained from giving a No Objection Certificate ('NOC') in view of the order of the National Green Tribunal ('NGT'), which, inter alia, reads thus:
"...1.We make it clear that deregistration of the diesel vehicle more than 10 years old shall be complied with effectively with and without default. However, the deregistration authorities are directed to start deregistration with reference to the oldest of the vehicles, in other words at the first step the vehicle which are more than 15 years old would be deregistration and then gradually other vehicles would be deregistration 15 years to 10 years respectively.
2.All the vehicle which are deregistered in Delhi/NCR would not be permitted to ply in Delhi/NCR. However, the authorities will issue NOC for such vehicles to be registered outside the Delhi/NCR, We further clarify that in terms of the orders of the Tribunal every State has to identify areas where the dispersion of the air higher and vehicular density is least, if the States Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:05.11.2020 13:05:23 have not done it so far we grant last opportunity to the State and the Union Territories to identify such areas and put them on the respective websites. The RTO, Delhi will issue NOC for transfer of these vehicles only for such areas which are identified by the States.
3.The diesel vehicles which are more than 15 years old and are BS-I or BS-II complaint shall be scraped and no NOC will be issued for transfer of the vehicles...."
2. It is contended that the State of Karnataka, where the vehicle is now sought to be registered, has not complied with the directions of the NGT. Therefore, for the GNCTD to issue a NOC, would be a breach of the aforesaid order of the NGT.
3. The Court would note that the aforesaid order is largely apropos the ban on plying of vehicles older than 15 years in both the NCT and NCR.
4. The petitioner cannot ply the vehicle in Delhi, but the vehicle still has a life beyond the NCT and the NCR. Its owner-the petitioner, cannot be left remediless, simply because one State may not have identified the relevant information on its website, in terms of the aforesaid order of the NGT.
5. The learned counsel for the respondents submits that pursuant to the aforesaid order of the NGT, the GNCTD has stopped registration of all vehicles which are more than 15 years old. However, what the petitioner seeks is an NOC to register her vehicle in Karnataka.
6. In view of the peculiar facts and circumstances of the case, it will be open to the GNCTD as well as the petitioner to seek clarification(s) of the aforesaid order of the NGT.
7. The petition, along with the pending application, stands disposed-off Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:05.11.2020 13:05:23 in the above terms.
8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through e-mail.
NAJMI WAZIRI, J NOVEMBER 04, 2020/rd Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:05.11.2020 13:05:23