Sanjeev Soni Advocate v. Govt Of NCT Of Delhi And ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15318/2024 & CM APPLs. 64297/2024, 64298/2024 SANJEEV SONI ADVOCATE .....Petitioner Through:
Petitioner in person with Mr.
Rishabh Soni, Advocate.
versus GOVT OF NCT OF DELHI AND ORS .....Respondents Through:
Mr. Mohit Bhardwaj, Advocate for R-1 to 3.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 29.10.2024 1.
The petitioner has approached this Court under Article 226 of the Constitution for a direction upon the respondent authorities to release his vehicle bearing Registration No. DL8CQ6250, which has been seized on 14.10.2024.
2.
The seizure memo dated 14.10.2024 shows that the vehicle was registered on 29.07.2009 and its fitness expired on 28.07.2024. It has therefore been seized as an "end of life" vehicle being a petrol vehicle of more than fifteen years of age.
3.
The respondent - Government of NCT of Delhi ["GNCTD"] has issued a policy for handling of "end of life" vehicles on 20.02.2024. It provides for release of "end of life" vehicles on the condition that the owner undertakes to shift the vehicle out of Delhi NCR or to park it in a private space, subject to the terms and conditions mentioned in the policy. 4.
The petitioner, who appears in person, states that he has already entered into an agreement to sell the car to a buyer in Ludhiana, Punjab. W.P.(C) 15318/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:25:28
He undertakes that he will not ply the car in Delhi NCR and will shift the car outside Delhi NCR in terms of the policy. 5.
For this purpose, he has also applied for a No Objection Certificate ["NOC"] from the Directorate of Transport, GNCTD for transfer of the registration to the State of Punjab. That application has been made yesterday, i.e., 28.10.2024. He has been informed that the NOC will be issued in the next three weeks.
6.
Mr. Mohit Bhardwaj, learned counsel for the GNCTD, who appears on advance notice, states that the petitioner has to make an application in the prescribed form for release of the vehicle, which will require a copy of the NOC also. The form has been handed over in Court to the petitioner.
7.
Having regard to the aforesaid, the petition is disposed of with the direction that the petitioner may make an application for release of the vehicle in the prescribed form, alongwith the required documents, within a period of one week after the NOC is issued by GNCTD. 8.
Subject to the application being made in terms of this direction, the respondents are directed to consider the application and not to scrap the car until the application is decided.
9.
A copy of this order will be communicated to respondent No. 4, which is the scrapping agency, by GNCTD in the course of the day. 10.
The writ petition, alongwith the pending applications, is disposed of with these directions.
PRATEEK JALAN, J OCTOBER 29, 2024/'Bhupi'/ W.P.(C) 15318/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/11/2024 at 11:25:28