Alora Trading Company Ltd. & ... vs Joint Director (Ops) Delhi & ...
2009 Latest Caselaw 3390 Del

5.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 8906-07/2005

                                        Date of decision: 26th August, 2009

       ALORA TRADING COMPANY LTD. & ANR.                ..... Petitioners
                      Through Mr. H.S. Phoolka, Sr. Advocate with Mr.
                      T.S. Ahuja & Mr. Arun Arora, Advocates.

                     versus

       JOINT DIRECTOR (OPS) DELHI & ORS.            ..... Respondents
                       Through Mr. Amitabh Marwah, Advocate.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA

       1. Whether Reporters of local papers may be
          allowed to see the judgment?
       2. To be referred to the Reporter or not?
       3. Whether the judgment should be reported
          in the Digest?


                              O R D E R

%

CM No. 7150/2007

1. The applicant-petitioner has an old car with the registration No. DLS

1. He wanted the said registration number to be transferred to another

car, which he had purchased on 27th July, 2004 and an application was

made to the same effect on or about 17th August, 2004 followed by

another request letter dated 10th January, 2005.

2. Not satisfied with the response from the respondent-Government of

NCT of Delhi, this writ petition was filed on 19th May, 2005. Counter C.M. No. 7150/2007 in W.P. (C) No. 8906-07/2005 Page 1 affidavit and rejoinder affidavit were filed and the writ petition was

dismissed on 19th April, 2007, after recording the contention of the

Government of NCT of Delhi that inter change of vehicle registration

numbers was/is not possible and the registration number once allotted to a

vehicle was/is permanent and cannot be transferred. The order dated 19th

April, 2007 records that the computer system does not accept request for

inter-change of registration number.

3. The applicant-petitioner has filed the present application seeking

modification of the said order on the ground that inter change of

registration numbers are permitted and allowed in the State of West

Bengal. Further, at least in one case inter-change of registration number

was permitted in July, 2005 in Delhi. Reference is also made to a

newspaper report.

4. The applicant-petitioner has rightly contended that he had made an

application for inter-change of the registration number in July/August,

2004 and at that time there was no restriction on inter-change or transfer

of registration number. There appears to be lapse on the part of the

respondents in not permitting and allowing inter-change till September,

2005, when the smart card based SCOSTA standard system was

introduced.

5. However, I do not think it will be proper and just to issue any

direction to the respondent-Government of NCT of Delhi to carry out inter

C.M. No. 7150/2007 in W.P. (C) No. 8906-07/2005 Page 2 change of registration number after the smart card system based SCOSTA

standards was implemented for registration of new private vehicles with

effect from October, 2005. Under the said system, registration number

once allotted is permanent and cannot be changed. No inter change of

registration number is permitted. The said smart card system based upon

SCOSTA standards is to ensure proper and foolproof maintenance of car

records and is necessary and justified for various reasons including

security concerns and necessity to trace vehicles easily. Issuing any

direction now will obviously create problems and make the entire system

unworkable and defeat the objective behind the system. It is stated by

the respondents that the software does not permit inter-change or transfer

of registration numbers. The applicant-petitioner has not been able to

point out any specific instance in Delhi in which after October, 2005 any

inter change of car registration number has been permitted. What may

have happened in State of West Bengal is not relevant as the Government

of NCT of Delhi has implemented the smart card system based upon

SCOSTA standards. The respondents in their affidavit have stated that

inter change of registration number granted by State of West Bengal relied

upon by the petitioner is not based upon SCOSTA standards.

6. At this stage, learned counsel for the applicant-petitioner states that

option should be given to the applicant-petitioner to approach the

respondents in case they are able to point out a mechanism under which

C.M. No. 7150/2007 in W.P. (C) No. 8906-07/2005 Page 3 inter-change of registration numbers can be permitted or such inter-

change is allowed in another case. He states that it may be possible to

retain the registration number in case old car is scrapped and the said

number can be re-allocated to the new car. It will be open to the

petitioner to approach the respondents in case the respondents permit

inter-change or transfer or retention of registration numbers or any such

order is passed or policy decision is taken.

The application is accordingly disposed of.

SANJIV KHANNA, J.

AUGUST 26, 2009 VKR

C.M. No. 7150/2007 in W.P. (C) No. 8906-07/2005 Page 4