Delhi High Court
Gur Shamsher Singh vs Govt Of Nct Of Delhi & Ors on 30 May, 2025
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 30.05.2025
+ W.P.(C) 8285/2025 & CM APPL. 36081/2025
GUR SHAMSHER SINGH .....Petitioner
Through: Mr. Pramod K Tiwary, Advocate
versus
GOVT OF NCT OF DELHI & ORS. .....Respondents
Through: Ms. Sweety Singh, Adv, for
Respondent No. 1/GNCTD
M: 9810488115
Mr. Tejash Yadav, Ms. Astha Gupta,
Advocates for R-1, 2
(M:7678505912)
Mr. Niraj Kumar with Mr. Chaitanya
Kumar, Advocates for R-2/DP
(M:9810020341)
SI Dharampal, Pairvi Officer Traffic
Inspection Rajeev Bhardwaj, TI-
Rohini Circle (M:8750871469)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J (ORAL)
1. The present writ petition has been filed seeking directions to release
the petitioner's diesel vehicle bearing registration number HR55V3937,
seized on the ground of being over 10 years old.
2. Learned counsel appearing for the petitioner submits that the
petitioner is the owner of the impugned vehicle bearing registration number
HR55V3937.
3. It is submitted that the vehicle was registered on 30 th April, 2015 and
is a diesel run vehicle having 10 years running life in Delhi, in view of the
Judgment passed by the National Green Tribunal ("NGT"), the Supreme
Court and the Rules made thereafter by Government of NCT of Delhi
("GNCTD").
4. It is submitted that the petitioner is a permanent resident of Delhi and
after expiry of 10 years of age of the impugned vehicle on 30th April, 2025,
the petitioner had parked the same near his house, and was in the process of
getting documents prepared to run the impugned vehicle in Haryana and in
other State, where it is permissible to run a diesel after 10 years.
5. It is submitted that vide Seizure Memo dated 12th May, 2025, the
impugned vehicle was seized from "In front of Anti Human Trafficking
Office Sector-16, Rohini, Delhi" by office of the Traffic Inspector, Rohini
Circle, Delhi/respondent no. 2.
6. It is submitted that seizure of the vehicle was without granting an
opportunity to the petitioner to relocate the vehicle.
7. Learned counsel for the petitioner submits that the vehicle has been
handed over by the seizing authority to PKN Motor Scrapper Pvt.
Ltd./respondent no. 3, for scrapping.
8. It is submitted that the petitioner is aware of the orders passed by the
Supreme Court and the NGT, and does not dispute the general restriction.
However, the petitioner seeks limited relief for the release of the vehicle for
removal from the NCT of Delhi.
9. It is submitted that the petitioner undertakes not to ply the vehicle in
question within the NCT of Delhi and is willing to take the vehicle out of
Delhi or for such disposal as permitted under law.
10. Issue notice. Notice is accepted by learned counsel for respondent
nos. 1 and 2.
11. Learned counsel for respondent no. 2, i.e., office of the Traffic
Inspector, Rohini Circle, upon instructions from the official, who is present
in Court, confirms the fact that the vehicle of the petitioner, which is lying
with respondent no. 3/PKN Motor Scrapper Pvt. Ltd., has still not been
scrapped.
12. Learned counsel for respondent no.1/GNCTD of Delhi submits that
the petitioner needs to undertake that the vehicle in question shall not be
plied in Delhi and that various compliances shall be completed by the
petitioner.
13. Considering the submissions made before this Court, it is directed as
follows:
i. The petitioner shall apply for release of his vehicle in terms of the
"Guidelines for Handling End of Life Vehicles in Public Places of
Delhi, 2024" dated 20th February, 2024, read with "Standard
Operating Procedure (SOP) for Releasing End of Life Vehicle (ELV)
seized as part of Enforcement Drive as per paras 6 & 7 of the
Guidelines for Handling End of Life Vehicle in Public Places of
Delhi, 2024" dated 21st October, 2024.
ii. The petitioner shall approach the respondent no. 3 for the purpose of
release of vehicle, i.e., Truck, bearing registration no. HR55V3937.
iii. The petitioner shall carry all the requisite documents which are
required to be filed, in terms of the Delhi Maintenance and
Management of Parking Places Rules, 2019.
iv. The petitioner shall also pay penalty, towing charges, parking fee and
other charges, including, deposit of any documents in terms of Delhi
Maintenance and Management of Parking Places Rules, 2019.
v. The petitioner shall submit an undertaking that the petitioner shall not
either ply, or park the said truck in any public place, within Delhi.
vi. Upon the aforesaid compliances being done by the petitioner, the
vehicle of the petitioner shall be released to the petitioner.
vii. The respondent no. 3, i.e., the scrapper, shall preserve the vehicle and
shall not scrap the same, during the pendency of the proceedings for
release of the same.
14. With the aforesaid directions, the present writ petition, along with the
pending application, is accordingly disposed of.
MINI PUSHKARNA, J
MAY 30, 2025
au
