Delhi High Court
Dr. Pentapati Pulla Rao vs Nct Of Delhi & Ors. on 25 March, 2022
$~43
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25.03.2022
+ W.P.(C) 4981/2022 & CM. APPL. 14810/2022
DR. PENTAPATI PULLA RAO ..... Petitioner
versus
NCT OF DELHI & ORS. .....Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Sravan Kumar, Ms. Medha Singh and Ms. Kabamdailiu
Pamei, Advocates.
For the Respondent: Mr. Rishikesh Kumar, ASC with Mr. Rizwan and Ms.
Sheenu Priya, Advocates for respondents No.1 and 3.
Mr. Jaswinder Singh and Mr. Nirvikar Verma, Advocates
for R-2/UOI.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks a declaration that the public notice dated
30.10.2018, issued by the Transport Department, Government of NCT
of Delhi is arbitrary and contrary to Article 14 and 21 of the
Constitution.
2. Learned counsel for petitioner submits that the Union of India
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:25.03.2022
Signing Date:30.03.2022 10:59:48 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
has issued the Motor Vehicles (Registration and Functions of Vehicle
Scrapping Facility) Rules, 2021 and the public notice dated
30.10.2018 runs contrary to that.
3. Petitioner further prays that the registration of the Honda City
car of the petitioner be renewed if the fitness and pollution emission
norms are within the Automotive Industry Standards of 2021 (AIS
129)
4. Perusal of the impugned public notice dated 30.10.2018 shows
that the said notice has been issued pursuant to the order passed by the
National Green Tribunal (NGT) dated 26.11.2014 and 07.04.2015 in
the matter of Vardhman Kaushik Vs. Union of India, whereby the
NGT had prohibited plying of petrol vehicles of more than 15 years of
age and diesel vehicles of more than 10 years of age in Delhi and NCR
region.
5. The public notice further records that the Supreme in Writ
Petition (Civil) 13029/1985, titled M.C. Mehta Vs. Union of India by
its order dated 28.10.2018 has directed that all diesel vehicles which
are more than 10 years old and petrol vehicles which are 15 years old
shall not be permitted to ply in the NCR region in terms of the order of
the NGT dated 07.04.2015.
6. The vehicle of the petitioner is a petrol vehicle, which was
originally registered on 05.02.2006 and completed 15 years on
04.04.2021.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:25.03.2022
Signing Date:30.03.2022 10:59:48 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
7. In view of the orders passed by the NGT as also the Supreme
Court, petitioner cannot seeks renewal of the registration of the petrol
vehicle after completion of 15 years for the purposes of plying in
Delhi NCR.
8. In terms of the policy of the Government of NCT of Delhi,
NOC can always be obtained by the petitioner for transfer of vehicle,
subject to other norms, in areas which are permitted in terms of the
order of the NGT as well as the Supreme Court.
9. In view of the above, that relief sought for by the petitioner
cannot be granted in this petition. The Petition is accordingly
dismissed.
SANJEEV SACHDEVA, J.
MARCH 25, 2022
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:25.03.2022
Signing Date:30.03.2022 10:59:48 20:09
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
