Delhi High Court
Smt. Aradhya vs Transport Department Govt. Of Nct ... on 10 January, 2022
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 10.01.2022
+ W.P.(C) 175/2022
SMT. ARADHYA ..... Petitioner
versus
TRANSPORT DEPARTMENT
GOVT. OF NCT OF DELHI ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Sumit Chander, Advocate
For the Respondents: Mr. Sameer Vashisht ASC Civil GNCTD with Ms. Sanjana
Nangia, Advocate
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J.
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondent to issue a fresh or
rectified No Objection Certificate (NOC for short) for transfer of the
vehicle GETZ HYUNDAI bearing registration No. DL 9CH 2611
from Delhi to Farrukhabad, Uttar Pradesh.
3. The vehicle of the petitioner is a petrol vehicle which was
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.01.2022
Signing Date:10.01.2022 22:45:44 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
originally registered on 18.09.2005 with RTO, Delhi.
4. 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 dated 20.07.2016.
5. 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.
He submits that the vehicle is presently in Farrukhabad, UP and not in
Delhi NCR.
6. Learned counsel appearing for the respondent - Transport
Department submits 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 dated 20.07.2016.
7. Learned counsel, however, submits that the online portal will
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.01.2022
Signing Date:10.01.2022 22:45:44 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
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 submits 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.
8. Learned counsel further submits 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.
9. The Order dated 14.12.2021 issued by the Government of NCT
of Delhi inter alia stipulates as under:
"5. No objection certificate (NOC) for diesel and petrol
vehicles will be issued as under:
I. No NOC will be issued for diesel vehicles which
have completed 15 years or more on the date of
applying for NOC.
II. NOC for diesel vehicles upto 10 years / less than
15 years old petrol vehicles can be issued for any
place in the country.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.01.2022
Signing Date:10.01.2022 22:45:44 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
III. NOC for diesel vehicles above 10 years and petrol
vehicles above 15 years will be issued for other
states subject to condition that such NOC will not
be issued for the places which are identified by the
states as restricted area in terms of order of
Hon'ble NGT, which had directed the states to
identify areas where the dispersion of the air is
higher and vehicular density is least."
10. 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.
11. However, 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.
12. In view of the above, this petition is disposed of with the
following directions: -
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.01.2022
Signing Date:10.01.2022 22:45:44 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
i) Respondent shall grant a temporary registration for a
period of 10 days to the subject vehicle GETZ
HYUNDAI bearing registration No. DL 9CH 2611;
ii) NIC shall lift the lock on the online portal for a limited
time to enable the respondent - Transport Department to
grant the temporary registration and simultaneous
issuance of a fresh NOC for transfer of the subject
vehicle to District Farrukhabad, Uttar Pradesh.
Thereafter, the lock shall be once again imposed by the
NIC.
iii) Petitioner shall be under an obligation to have the vehicle
re-registered at the transferred place within a period of 10
days, after which period, the temporary registration shall
lapse and the vehicle shall be deemed to be de-registered.
iv) Petitioner shall not ply the vehicle within Delhi and NCR
region as prohibited by the NGT even during the period
of temporary registration. In case the vehicle is to be
brought within the said region, same shall be brought on
a transport vehicle and not by running the vehicle.
v) The process be completed by the NIC and the respondent
- Transport Department expeditiously preferably within a
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.01.2022
Signing Date:10.01.2022 22:45:44 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
period of four weeks from today.
13. Petition is allowed and disposed of in the above terms.
14. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
JANUARY 10, 2022/'rs' SANJEEV SACHDEVA, J
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:10.01.2022
Signing Date:10.01.2022 22:45:44 21:10
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
