Delhi High Court Orders Release Of ‘End Of Life Vehicles’ Subject To Undertaking By Owners, Asks Delhi Govt To Frame Policy

The Delhi High Court on Tuesday ordered release of various “end of life vehicles” subject to an undertaking being furnished by their owners that such vehicles will not be plied on the streets or parked in any public space within the national capital and will be kept in a private parking space.

Justice Prateek Jalan also asked the Delhi Government to frame a policy to deal with similar vehicles in cases where the owners are ready to give an assurance that the vehicles will not be used in the national capital.

The Delhi Government’s transport department has been seizing and scrapping petrol and diesel vehicles which are older than 15 and 10 years respectively, as per the orders of the National Green Tribunal.

The court was hearing a batch of pleas challenging the action of seizure of various cars by the Delhi Government authorities for being in violation of the judicial orders.

Justice Jalan observed that if the petitioners are able to demonstrate that they have private parking places available to them, the release of vehicles to them in terms of the undertaking will not impede the objective with which the orders of the Supreme Court and NGT were passed.

The court added that the undertaking will also state that the vehicles will be towed or otherwise transported to the borders of Delhi. 

“Upon the affidavit of undertaking being received by the Enforcement Officer, he/she will facilitate the release of the vehicle by the scrapping agency to the petitioners within one week thereafter,” the court said  

Furthermore, the court directed the petitioners to also file an affidavit before the Enforcement Officer within four weeks after the release of the vehicle stating that such vehicle has been removed from the territory of the national capital.

In the case of vehicles registered in Delhi, the petitioners may apply for issuance of NOCs for transport of vehicles outside Delhi. The NOCs will be processed in accordance with law, within a period of two weeks from the date of the application, the court added.

Justice Jalan also clarified that the undertakings recorded on behalf of the petitioners will be treated as undertakings made to the court and that any breach of these undertakings may invite action for Contempt of Court.

”As there are several vehicles which have been seized in similar circumstances, in which the owners may be willing to give undertakings as directed by this order, GNCTD is directed to frame a policy for release of such vehicles on the aforesaid undertakings by the owners, and to give due publicity to the same,” the court ordered.

Delhi’s transport minister Kailash Gahlot yesterday directed the transport department to stop seizing and scrapping end of life vehicles which are parked along the roads and are not plying.

Title: MS. SEEMA CHOPRA v. GOVT. OF NCT OF DELHI AND ORS. and other connected matters

Citation: 2023 LiveLaw (Del) 729

Click Here To Read Order