W.P.(C)/779/2024 of ASHOK Vs THE STATE GOVT OF NCT OF DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 779/2024

ASHOK ..... Petitioner Through: Mohd. Rashid, Ms. Meghna Agrawal, Mr. Dhananjay Kumar Mishra and Ms. Noor Saba, Advs. Through: Mohd. Rashid, Ms. Meghna Agrawal, Mr. Dhananjay Kumar Mishra and Ms. Noor Saba, Advs.

versus

THE STATE GOVT OF NCT OF DELHI

..... Respondent

Through: Mr. Tushar Sannu, SC and Mr. Devvrat Tiwari, Adv. for MCD. Mr. Dhruv Gautam, Mr. Tushar Tyagi, Advs. for R-2. Devvrat Tiwari, Adv. for MCD. Mr. Dhruv Gautam, Mr. Tushar Tyagi, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

02.02.2024

The hearing has been conducted through video-conferencing

CM APPL.3387/2024 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 779/2024 and CM APPL.3386/2024 (Stay)

1.The present petition has been filed by the petitioner seeking release of his vehicle i.e.Honda Amaze, having registration no. DL4CAN8070, which has been seized by the respondents.

2.It is sought that the respondents be directed to release the seized vehicle in line with the directions passed by this Court in W.P.(C) 10749/2023 & connected matters.

3.Considering the submissions of the parties and the order passed by the coordinate bench of this Court in the aforesaid W.P.(C) 10749/2023 & connected matters, the following directions are issued:-

a. The petitioner will file affidavit of undertaking with the Enforcement Officer, Department of Transport, GNCTD within two weeks from today to the effect that if the vehicle is released to him, it will not be plied or parked in any public space within the territory of NCT of Delhi, and will be removed from the NCT of Delhi within two weeks after release.

b. The undertaking will also state that the vehicle will be towed or otherwise transported to the borders of the NCT of Delhi.

c. 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 petitioner within one week thereafter.

d. The petitioner will also file an affidavit before the Enforcement Officer within four weeks after the release of the vehicle stating that the vehicle has been removed from the territory of the NCT of Delhi.

e. In the case of vehicle registered in Delhi, the petitioner may apply for issuance of NOC’s for transport of vehicles outside Delhi. The NOCs will be processed in accordance with law, within period of two weeks from the date of the application.

f. It is made clear that the aforesaid undertakingrecorded on behalf of the petitioner will be treated as undertaking made to this Court, and that any breach of the undertaking may invite action for Contempt of Court.

4.Further, in line with the directions issued in W.P.(C) 10749/2023 & connected matters, the petitioner shall be liable for towing charges of approximately Rs.2,000 or Rs.2,500/- per vehicle. However, no parking

charges will be payable to the scrapping agencies.

5.With the aforesaid directions, the present petition, along with pending application, is disposed of.

FEBRUARY 2, 2024/cl

SACHIN DATTA, J