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SANJEEV SACHDEVA
Aradhya – Appellant
Versus
Transport Department Govt. Of NCT Of Delhi – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondent to issue a fresh or rectified No Objection Certificate (NOC for short) for transfer of the vehicle GETZ HYUNDaI bearing registration No. DL 9CH 2611 from Delhi to Farrukhabad, Uttar Pradesh.
3. The vehicle of the petitioner is a petrol vehicle which was originally registered on 18.09.2005 with RTO, Delhi.
4. Petitioner had initially sought an NOC for transfer of the vehicle to District Prayagraj in Uttar Pradesh. NOC was issued by the Transport Department, however, subsequently RTO District Prayagraj refused registration of the vehicle on the ground that area was identified by the State as a restricted area in terms of the order of the National Green Tribunal dated 20.07.2016.
5. accordingly, petitioner seeks rectification/modification of the NOC so that the same can be registered in District Farrukhabad, Uttar Pradesh which has not been identified by the State as a restricted area. He submits that the vehicle is presently in Farrukhabad, UP and not in Delhi NCR.
6. Learned counsel appearing for the respondent - Transport Department submits that in view
The court balanced the restrictions on vehicle age with the possibility of transfer to a non-restricted area, considering the amended policy and office orders.
The court upheld that a No Objection Certificate for vehicle transfer must comply with National Green Tribunal orders regarding vehicle age and identified restricted areas.
The court upheld prohibitions against renewing vehicle registration for petrol vehicles over 15 years based on environmental regulations, confirming the non-arbitrariness of related public notices.
The court established that the mere pendency of a criminal case cannot justify the denial of a No Objection Certificate under the Petroleum Rules.
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