Kanaparthi Satya Sri v. Govt Of NCT Of Delhi And ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17947/2024 KANAPARTHI SATYA SRI .....Petitioner Through:
Mr. Bharat Bhushan, Mr. Pulkit & Mr. Aakash Jain, Advocates.
versus GOVT OF NCT OF DELHI AND ANR.
.....Respondent Through:
Ms.
Mehak Nakra, ASC for GNCTD with Ms. Bhavya Nakra, Mr. Aditya Goyal, Ms. Gunjan Suyal & Mr.
Aditya Goyal, Advocates for R-1.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 24.12.2024 CM APPL. 76354/2024 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 17947/2024 & CM APPL. 76355/2024 (interim directions) 1.
The petitioner has filed this petition under Article 226 of the Constitution, seeking direction upon the respondents to release her vehicle bearing No. DL2CG2910.
2.
The vehicle was seized by the Transport Department, Government of National Capital Territory of Delhi ["GNCTD"] on 14.11.2024 being a petrol vehicle of more than 15 years of age. The vehicle thus falls within the definition of 'End-of-Life vehicle' under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021. 3.
Ms. Mehak Nakra, learned Additional Standing Counsel for GNCTD, states upon instructions that the vehicle has not yet been W.P.(C) 17947/2024 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 30/12/2024 at 12:11:51
scrapped, but the petitioner has not made an application for release of the vehicle in terms of the 'Guidelines for Handling End of Life Vehicles in Public Places of Delhi, 2024' dated 20.02.2024 ["the Policy"] read with 'Standard Operating Procedure for Releasing End of Life Vehicle' dated 21.10.2024 ["SoP"].
4.
Having regard to the aforesaid submissions, the writ petition is disposed of with the following directions:
a. The petitioner will apply for release of her vehicle in terms of the Policy dated 20.02.2024 and SoP dated 21.10.2024. b. For this purpose, she or her representative may attend the Transport Department (Scrapping Cell) on 27.12.2024 at 12 noon with the necessary affidavits, documents and demand draft. c. If any further documents are required, she will be informed of the same in writing and will submit the documents within one week of being so informed.
d. GNCTD will then take a decision in accordance with the Policy. If the vehicle is not released to the petitioner, the reasons for the same will be communicated to the petitioner or her representative in writing. Until the aforesaid decision is made, and for a period of one week thereafter, status quo will be maintained with regard to the vehicle in question.
5.
The writ petition, alongwith the pending application, stands disposed of.
PRATEEK JALAN, J DECEMBER 24, 2024 'pv'/AL/ W.P.(C) 17947/2024 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 30/12/2024 at 12:11:51