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PRATEEK JALAN
Seema Chopra – Appellant
Versus
Govt. of NCT of Delhi – Respondent
ORDER
1. These petitions concern seizure of vehicles by the Government of the National Capital Territory of Delhi ["GNCTD"] on the ground that they are petrol vehicles of over 15 years of age or diesel vehicles of over 10 years of age, and thus classified as "End-of-Life Vehicles" under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021.
2. The genesis of the issue lies in two orders passed by the National Green Tribunal ["NGT"] in O.A. No. 21/2014 [Vardhaman Kaushik vs. Union of India and Ors.]. By an order dated 26.11.2014, the NGT passed various directions aimed at combatting the problem of air pollution in Delhi. The order of the NGT, insofar as it is relevant to the present case, is extracted below:
"...We have heard the Learned Counsel appearing for the parties. It is undisputed and in fact unquestionable that the air pollution of NCT, Delhi is getting worse with each passing day. An article published in the Times of India today has been brought to the Notice of the Tribunal. It is based on the studies carried out. It not only projects the very dismayed state of affairs existing with clear indication that worst is likely to follow. This
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.
A court should exercise its discretion to release seized vehicles pending trial to prevent their decay, provided ownership is not in dispute and appropriate security/guarantees are furnished, as prol....
When ownership of a seized vehicle is not in dispute, the court should exercise its powers under S. 497 and S. 503 BNSS to release the vehicle on conditions to prevent it from decaying in custody, ra....
Property seized during an investigation that is not subject to dispute regarding ownership should be released to its owner for safe custody pending trial to prevent depreciation, provided the owner f....
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