Delhi High Court Greenlights Release of Seized Older Vehicles: Conditions and Implications Explained
The Delhi High Court has issued a directive for the release of older vehicles, often termed “end of life,” that were previously seized by authorities. However, this release comes with two specific conditions: vehicle owners must either commit to permanently parking these vehicles in private spaces or ensure their removal from the city’s boundaries.
Thank you for reading this post, don't forget to subscribe!This decision was a response to a series of petitions presented by vehicle owners. These individuals had their vehicles confiscated due to non-compliance with a National Green Tribunal order, which prohibits the use of petrol and diesel vehicles that are over 15 and 10 years old, respectively. Many petitioners argued that their vehicles held sentimental value and were not actively being used on the roads.
Justice Prateek Jalan, presiding over the case, remarked,
“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.”
To ensure compliance, vehicle owners are required to furnish evidence of a private space, either owned or rented, where the car will be parked.
Justice Jalan further clarified the conditions of the release, stating that the undertaking to the transport department would specify that the
“vehicles shall be towed or transported to the border of the NCT of Delhi for its removal, and that when the vehicle is registered in Delhi, the petitioner may apply for NOC for transfer of vehicles outside Delhi.”
He emphasized that any deviation from this undertaking would result in legal consequences.
In light of these developments, the Delhi High Court has urged the Delhi government to formulate a policy addressing older vehicles. This policy should cater to owners who are ready to guarantee that these vehicles will not be operated within the city. The court also emphasized the need for widespread publicity of this new policy to ensure public awareness.
In a related move, Delhi’s Transport Minister, Kailash Gahlot, has instructed the department’s secretary-cum-commissioner to cease the seizure of parked vehicles that have surpassed their designated lifespan on the road. Gahlot expressed concern over the ongoing drive to confiscate older vehicles, even those merely parked, and subsequently sending them for scrapping.
This decision by the Delhi High Court marks a significant development in the ongoing debate surrounding older vehicles in the city, balancing environmental concerns with the rights and sentiments of vehicle owners.
