Shakeel Baig v. The State Gnct Of Delhi & ANR.

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SHAKEEL BAIG .....Petitioner Through:

Ms.

Sunita Arora, Advocate [DHCLSC] with petitioner in person.

versus THE STATE GNCT OF DELHI & ANR.

.....Respondents Through:

Mr. Harsh Kumar, Advocate for R1.

Mr. Mohit Bhardwaj, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 22.11.2024 CM APPL. 68431/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

1.

The petitioner has filed this petition under Article 226 of the Constitution, for the release of a vehicle bearing registration No. DL9CW2079, which was seized by Delhi Traffic Police under a seizure memo dated 18.10.2024 on the ground that it is an "End of life Vehicle" being a petrol vehicle exceeding fifteen years of age. 2.

The contention of the respondent - Delhi Police, is that the vehicle could not be released to the petitioner as he is not the registered owner. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The ownership details have been produced in Court and are taken on record.

3.

Ms. Sunita Arora, learned counsel for the petitioner, instructed by the petitioner, who is present in Court, accepts that the vehicle is not registered in his name. She, however, submits that the vehicle is not an "End of life Vehicle" under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021, as it is a CNG/petrol vehicle, and not a petrol vehicle simpliciter. 4.

The release of "End of life Vehicles" is permitted in favour of the registered owners under the Guidelines for Handling End of Life Vehicles in Public Places of Delhi, 2024 ["the Policy"], formulated by the Government of National Capital Territory of Delhi on 20.02.2024. The petitioner must, therefore, either have the vehicle transferred to his name - which, according to the petitioner, is not possible for a vehicle beyond the age of fifteen years - or, release of the vehicle must be sought by the registered owner in accordance with the said policy, and subject to the terms and conditions provided therein.

5.

At this stage, Ms. Arora, instructed by the petitioner, seeks permission to withdraw this petition, without prejudice to the rights of the registered owner to apply for release of the vehicle. 6.

However, for this purpose, she seeks a direction against immediate scrapping of the vehicle. The period provided under the Policy for making an application for the release of a vehicle is three weeks from the date of seizure; that period has already lapsed. However, if the vehicle has not yet been scrapped, the respondents are directed not to scrap the vehicle for a further period of ten days to enable the petitioner to take The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

necessary steps. Learned counsel for the respondents are requested to convey this direction to the scrapper during the course of the day. 7.

The petition is dismissed as withdrawn, alongwith the aforesaid directions.

PRATEEK JALAN, J NOVEMBER 22, 2024 'Bhupi/JM'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.