Delhi High Court Issues Notice in A Plea Regarding Non Implementation Of Guidelines For Scrapping Of Motor Vehicles

The plea filed through Advocates Abhinav Agnihotri and Rajshekhar Rao, states that the Govt of NCT of Delhi, Delhi Transport Corporation and MSTC Ltd. while accepting tenders/ auction for disposing end of life vehicles are not following the guidelines issued by the Transport Department of Govt of NCT of Delhi.

According to the guidelines, only an "authorized scrapper" can participate in the scrapping process of these End of Life vehicles. However, the plea states that MSTC Ltd. had been accepting auctions from non authorized scrappers who are in turn participating in the scrapping process and this is in violation of the guidelines so introduced.

The plea also states that this process goes against the ultimate objective of the guidelines which were implemented in accordance with NGT guidelines to ensure that the environment is not damaged in any manner.

The bench while admitting the petition, issued notices to Union of India through Ministry of Transport, Govt of NCT of Delhi, MSTC Ltd. and Delhi Transport Corporation. The bench however clarified that any further auction conducted by the MSTC Ltd. shall be subject to the outcome of the petition.

The Court asked the respondents to file counter affidavits within 4 weeks.

"GNCTD shall specifically confirm in its counter affidavit that it is strictly adhering to the guidelines for the purposes of scrapping of motor vehicles." The order said.

ABOUT THE GUIDELINES

The Transport Department of Govt of NCT of Delhi, on 24^th August 2018, notified the Guidelines for Scrapping of Motor Vehicles in Delhi, 2018 for effective implementation of directions issued by the National Green Tribunal (NGT) and for improvement in the Delhi's air quality.

The purpose of the implementation of the said guidelines was to ensure that those junk vehicles which were found abandoned on roads must be disposed off in an environmental friendly manner. Therefore, the guidelines were formulated to offer an authorized place to the registered owners of End of Life vehicles for getting their vehicles scrapped.

The guidelines define the word "scrapping" as the process of complete dismantling, safe disposal of non reusable parts of the motor vehicle and issuance of scrapping certificate to the registered owner of a motor vehicle.

According to the guidelines, it provides that an authorized scrapper, being a person, firm or a company is responsible for managing the facilitation of scrapping of vehicles. It also provides that scrapping license is issued by the Delhi Transport Department to such authorized scrappers in order to facilitate the process. It is only these authorized scrappers who can scrap the vehicles registered in Delhi.

The scrapping procedure for impounded abandoned junk vehicles is done in two ways. Firstly, if any diesel vehicle more than 15 years old is found plying or parked in a public place or abandoned public place, which is impounded by an Enforcement Agency shall not be released to the registered owner and shall be handed over to the custody of a licensed authorized scrapper. The registered owner shall get the scrap value of his vehicle directly from the authorized scrapper.

In case of petrol and CNG vehicles older than 15 years, they shall only be returned to their owners after submission of undertaking that he will neither ply nor park the vehicle in any public place, failing to which legal action under sec. 177 of IPC will be taken.

The matter is listed for hearing on 14^th April 2021.

Case Name: Society for Alternate Fuel and Environment v. Union of India & Ors. W.P. CIVIL No. 450/2021