High Court of Delhi was dealing with the petition seeking a direction to the respondent to issue a fresh or rectified No Objection Certificate for transfer of the vehicle from Delhi to Farrukhabad, Uttar Pradesh.
Brief Facts:
The vehicle of the petitioner is a petrol vehicle which was originally registered on 18.09.2005 with RTO, Delhi. Petitioner had initially sought an NOC for transfer of the vehicle to District Prayagraj in Uttar Pradesh. NOC was issued by the Transport Department, however, subsequently RTO District Prayagraj refused registration of the vehicle on the ground that area was identified by the State as a restricted area in terms of the order of the National Green Tribunal. Accordingly, petitioner seeks rectification/modification of the NOC so that the same can be registered in District Farrukhabad, Uttar Pradesh which has not been identified by the State as a restricted area.
Respondent’s Contention:
Learned Counsel for the respondent submitted that in view of the amended policy dated 14.12.2021 notified by the Transport Department of Government of NCT of Delhi, NOC can be issued for a diesel vehicle which has completed 10 years and less than 15 years and petrol vehicles which have completed 15 years for an area that has not been identified by a State as a restricted area in terms of the order of the National Green Tribunal.
It was submitted that the online portal will not accept any application after the expiry of 10 years for a diesel vehicle and 15 years for a petrol vehicle because of the lock put by the NIC which hosts the site. He submitted that in case directions were issued to NIC for removal of the lock temporarily to enable the re-registration of the vehicle and simultaneous issuance of a NOC, the rectified NOC could be issued. It was submitted that since, presently the vehicle is in Farrukhabad, UP, the vehicle will not be required to be brought to Delhi for inspection purposes and the NOC will be issued on the undertaking and assurances given by the petitioner as recorded in the petition.
HC’s Observation
Court observed that clearly the vehicle of the Petitioner, which is a Petrol Vehicle and has completed 15 years cannot be permitted to ply in Delhi NCR and has to be deregistered. Court stated that in terms of the orders of the NGT and the office order of the Respondent, NOC can be issued for the said vehicle for other States i.e., for places which have not been identified by the States as restricted area in terms of the order of the NGT and have been identified as an area where the dispersion of the air is higher and vehicular density is least. Farrukhabad, Uttar Pradesh is a district, as per the office order dated 05.08.2020 of the Respondent, for which NOC can be issued.
HC allowed the petition.
Bench: Hon’ble Mr. Justice Sanjeev Sachdeva
Case Title: Smt. Aradhya v. Transport Department Govt. Of NCT Of Delhi
Case Details: W.P.(C) 175/2022
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