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Synopsis

The Delhi High Court on Tuesday ordered the release of several seized "end-of-life" vehicles on an undertaking by the owners to either permanently park them in private spaces or remove them from the city limits.

While dealing with a batch of petitions against the seizure of cars by authorities for being in violation of judicial orders banning the use of petrol and diesel vehicles that are over 15 years and 10 years of age, respectively, the bench of Justice Prateek Jalan asked the Delhi government to "frame a policy on dealing with such vehicles" when owners are willing to assure that they would not be used and give "due publicity" to the same.

The Judge observed that the intention behind the policy was not to scrap the cars but to ensure that the national capital is pollution free, and a balance has to be maintained between the right to use one's property and environmental interests.

"I am of the view that the petitioners' grievances can be balanced with the implementation of the orders of the NGT and Supreme Court by directing the release of the vehicles to owners subject to an undertaking to remove the vehicle from the territory of NCT of Delhi and not to ply/park them in public spaces within the NCT of Delhi," the court ordered.

"For parked cars, the petitioners will file an undertaking that they will not be plied or parked in public space. Petitioners will provide evidence of private space either owned or leased,”, the court said.

It also stated that the relevant enforcement officer would make it easier for the petitioners' automobiles to be released from the agency responsible for their scrapping.

The court further said that the undertaking to the transport department would specify that the vehicles must be towed or taken to the NCT of Delhi's border for removal and that the petitioner may submit an application for a NOC for the transfer of automobiles outside of Delhi after the vehicle is registered there.

In related news, according to PTI, Delhi Transport Minister Kailash Gahlot on Monday this week directed the department secretary-cum-commissioner to stop seizing parked vehicles that have completed their stipulated life on the road. “Owners of such vehicles are fined if these are found plying on the roads”, he said.

The minister also said in a note that it is "unfortunate" that the transport department is continuing its drive to seize old vehicles, even if found parked on the road and sending those for scrapping. Gahlot cited an office memo issued by the department dated June 27, saying the drive was not approved by the government.

Case Title: Sushma Prasad v. Govt. of NCT of Delhi & Ors. (a batch of petitions)