Delhi High Court - Orders
Sh. Praveen Kumar Singh vs Transport Department (Govt. Of Nct Of ... on 12 October, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13468/2023
SH. PRAVEEN KUMAR SINGH ..... Petitioner
Through: Mr. Prabhat Kiran & Mr. Sandeep
Singh Nainwal, Advocates with
Petitioner in Person.
versus
TRANSPORT DEPARTMENT
(GOVT. OF NCT OF DELHI) ..... Respondent
Through: Mr. Tushar Sannu & Mr. Devvrat
Tiwari, Advocates for GNCTD.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 12.10.2023
1. By way of this writ petition, the petitioner challenges a seizure memo dated 11.07.2023, by which his vehicle bearing registration No. DL3CCA 0194 was seized by the officials of the Government of NCT of Delhi ["GNCTD"].
2. It is not disputed that the vehicle is a diesel vehicle of more than 10 years of age and, therefore, falls within the definition of "End-of-Life Vehicles" under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021. However, Mr. Prabhat Kiran, learned counsel for the petitioner, states that the petitioner undertakes that if the vehicle is released to him, he will neither ply nor park it in any public place within the territory of the NCT of Delhi. He states that the W.P.(C) 13468/2023 Page 1 of 3 This is a digitally signed order.
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 15/10/2023 at 12:33:10 petitioner will transport the vehicle outside the NCT of Delhi upon obtaining a No Objection Certificate from the GNCTD.
3. Several writ petitions [W.P.(C) 10749/2023 and connected matters] on similar facts and circumstances were disposed of by this Court vide order dated 22.08.2023. As far as removal of seized vehicles to other States is concerned, the operative part of the order, is contained in paragraphs 18(A), 19 and 20, which read as follows:-
"a. The petitioners will file affidavits of undertakings with the Enforcement Officer, Department of Transport, GNCTD within two weeks from today to the effect that if the vehicles are released to them, they will not be plied or parked in any public space within the territory of NCT of Delhi, and will be removed from the NCT of Delhi within two weeks after release.
b. undertaking will also state that the vehicles will be towed or otherwise transported to the borders of the NCT of Delhi. c. Upon the affidavit of undertaking being received by the Enforcement Officer, he/she will facilitate the release of the vehicle by the scrapping agency to the petitioners within one week thereafter.
d. The petitioners will also file an affidavit before the Enforcement Officer within four weeks after the release of the vehicle stating that the vehicle has been removed from the territory of the NCT of Delhi.
e. In the case of vehicles registered in Delhi, the petitioners may apply for issuance of NOCs for transport of vehicles outside Delhi. The NOCs will be processed in accordance with law, within a period of two weeks from the date of the application.
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19. The petitioners have expressed an apprehension that they will be charged towing charges or parking charges by the scrapping agencies. Mr. Alam states that the petitioners will be liable for towing charges of approximately Rs.2,000/- or Rs.2,500/- per vehicle, but no parking charges will be payable by them to the scrapping agencies. He states that his office will act as the Nodal Office to facilitate release of the vehicles by the scrapping agencies to the petitioners in terms of these directions, and that if any excess amount is sought by any scrapping agency, the petitioners may approach his office with their grievance.
20. Mr. Alam expresses an apprehension that if the vehicles are released to the petitioners, they will, in fact, be plied within the NCT W.P.(C) 13468/2023 Page 2 of 3 This is a digitally signed order.
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 15/10/2023 at 12:33:10 of Delhi. To allay this apprehension, it is made clear that the aforesaid undertakings recorded on behalf of the petitioners will be treated as undertakings made to this Court, and that any breach of these undertakings may invite action for Contempt of Court."
4. The present writ petition, alongwith pending applications, is also disposed of in terms of the directions in paragraphs 18(A), 19 and 20 of the aforesaid order dated 22.08.2023.
PRATEEK JALAN, J OCTOBER 12, 2023 'pv'/ W.P.(C) 13468/2023 Page 3 of 3 This is a digitally signed order.
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 15/10/2023 at 12:33:10