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2022 Supreme(Del) 1392
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Aradhya - Appellant
Versus
Transport Department Govt.Of NCT Of Delhi - Respondent
Civil Writ Petition No. 175 of 2022
Decided On : 10-01-2022
Sumit Chander, Advocate, Sameer Vashisht, Advocate, Sanjana Nangia, Advocate
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.
Headnote:
NOC - Vehicle Transfer - The court directed the respondent to issue a fresh NOC for the transfer of a vehicle from Delhi to Farrukhabad, Uttar Pradesh, despite the vehicle being prohibited from plying in Delhi NCR due to age restrictions. The court granted temporary registration and directed the NIC to lift the online portal lock for a limited time to facilitate the transfer.
Fact of the Case:
The petitioner sought a direction to issue a fresh or rectified No Objection Certificate (NOC) for the transfer of a vehicle from Delhi to Farrukhabad, Uttar Pradesh. The vehicle was initially refused registration in District Prayagraj due to it being identified as a restricted area by the National Green Tribunal.
Finding of the Court:
The court directed the respondent to grant temporary registration and issue a fresh NOC for the transfer of the vehicle to Farrukhabad, Uttar Pradesh. The petitioner was obligated to re-register the vehicle at the transferred place within 10 days, and the vehicle was prohibited from plying in Delhi and NCR region even during the temporary registration period.
Issues: The main issue was the transfer of a vehicle from a restricted area in Delhi to Farrukhabad, Uttar Pradesh, despite age restrictions prohibiting the vehicle from plying in Delhi NCR.
Ratio Decidendi: The court considered the amended policy and office orders, allowing the issuance of NOC for vehicles in areas not identified as restricted by the National Green Tribunal. The court balanced the restrictions on vehicle age with the possibility of transfer to a non-restricted area.
Final Decision: The petition was allowed, and the court directed the respondent to facilitate the transfer of the vehicle to Farrukhabad, Uttar Pradesh, with temporary registration and a fresh NOC, subject to specified conditions.
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 of the amended policy dated 14.12.2021 notified by the Transport Department of Government of NCT of Delhi, NOC can be issued for a diesel vehicle which has completed 10 years and less than 15 years and petrol vehicles which have completed 15 years for an area that has not been identified by a State as a restricted area in terms of the order of the National Green Tribunal dated 20.07.2016.
7. Learned counsel, however, submits that the online portal will not accept any application after the expiry of 10 years for a diesel vehicle and 15 years for a petrol vehicle because of the lock put by the NIC which hosts the site. He submits that in case directions were issued to NIC for removal of the lock temporarily to enable the re-registration of the vehicle and simultaneous issuance of a NOC, the rectified NOC could be issued.
8. Learned counsel further submits that since, presently the vehicle is in Farrukhabad, UP, the vehicle will not be required to be brought to Delhi for inspection purposes and the NOC will be issued on the undertaking and assurances given by the petitioner as recorded in the petition.
9. The Order dated 14.12.2021 issued by the Government of NCT of Delhi inter alia stipulates as under:
'5. No objection certificate (NOC) for diesel and petrol vehicles will be issued as under:
I. No NOC will be issued for diesel vehicles which have completed 15 years or more on the date of applying for NOC.
II. NOC for diesel vehicles upto 10 years / less than 15 years old petrol vehicles can be issued for any place in the country.
III. NOC for diesel vehicles above 10 years and petrol vehicles above 15 years will be issued for other states subject to condition that such NOC will not be issued for the places which are identified by the states as restricted area in terms of order of Hon'ble NGT, which had directed the states to identify areas where the dispersion of the air is higher and vehicular density is least.'
10. Clearly the Vehicle of the Petitioner, which is a Petrol Vehicle and has completed 15 years cannot be permitted to ply in Delhi NCR and has to be deregistered.
11. However, in terms of the orders of the NGT and the office order of the Respondent, NOC can be issued for the said vehicle for other States i.e. for places which have not been identified by the States as restricted area in terms of the order of the NGT and have been identified as an area where the dispersion of the air is higher and vehicular density is least. Farrukhabad, Uttar Pradesh is a district, as per the office order dated 05.08.2020 of the Respondent, for which NOC can be issued.
12. In view of the above, this petition is disposed of with the following directions: -
i) Respondent shall grant a temporary registration for a period of 10 days to the subject vehicle GETZ HYUNDaI bear
