W.P.(C)/2806/2024 of ALWAR PUBLIC SCHOOL Vs GOVT OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2806/2024

ALWAR PUBLIC SCHOOL ..... Petitioner Through: versus

GOVT OF NCT OF DELHI & ANR.

..... Respondents

Through: Mr. Mohit Bhardwaj, Adv. for respondent/GNCTD.

Ms. Meghna Mishra, Adv. along with Mr. Ankit Rajgarhia and Mr. Rohit Kumar, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTAO R R29.05.2024

1.The present petition has been filed by the petitioner seeking, inter alia, that the impugned order/notice/seizure memo dated 21.07.2023 be quashed and the respondents be directed to release the vehicle of the petitioner.

2.Learned counsel for the respondent no.2/Rosmerta Auto Recycling Private Limited submits the vehicle in question has already been scrapped. She further submits that the scrap value of the vehicle in question has already been paid to the petitioner.

3.The main relief sought in the present petition has become infructuous; accordingly, in line with the directions passed in Order/Judgment dated 16.05.2024 in W.P.(C) 15637/2023 & connected matters, it is directed as under :-

i.The respondent no.2 shall intimate to the petitioner the methodology used by it to arrive at the scrap value of the vehicle

in question. In case, the scrap value of the vehicle has not already been paid to the petitioner, upon the petitioner furnishing relevant document/s, along with its bank account details to the respondent no.2, the said respondent shall remit/pay the scrap value of the vehicle to the petitioner forthwith.

The respondent no.2 shall provide to the petitioner digital photograph of the cut out of the chassis of the vehicle in question which is required to be submitted by the respondent no.2, along with Form 4 (certificate of vehicle scrapping), as prescribed in Rule 11 of the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021. copy of the said Form 4 shall also be provided to the petitioner.

iii.The petitioner is at liberty to avail appropriate remedies in case there is any deficiency in compliance with the said directions.

4.The petitioner shall also be at liberty to initiate appropriate proceedings to seek compensation/damages over and above the scrap value of its vehicle. Let the basis/rationale for the quantum of compensation sought be clearly set out in the proceedings that the petitioner may seek to initiate in this regard. All rights and contentions of the parties with regard thereto, are kept open for consideration in appropriate proceedings.

5.The present writ petition, along with pending application/s, is disposed of in the above terms.

MAY 29, 2024/hg

SACHIN DATTA, J