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DELHI HIGH COURT
SANJEEV SACHDEVA
Pentapati Pulla Rao – Appellant
Versus
NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to public notice on constitutional grounds. (Para 1 , 2 , 3) |
| 2. injunction against older vehicles due to ngt and supreme court orders. (Para 4 , 5) |
| 3. petitioner's vehicle age exceeds lawful limit. (Para 6) |
| 4. registration renewal denied based on existing laws. (Para 7 , 8) |
| 5. petition dismissed. (Para 9) |
JUDGMENT
Sanjeev Sachdeva, J.(Oral)--Petitioner seeks a declaration that the public notice dated 30.10.2018, issued by the Transport Department, Government of NCT of Delhi is arbitrary and contrary to Article 14 and 21 of the Constitution.
2. Learned counsel for petitioner submits that the Union of India has issued the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 and the public notice dated 30.10.2018 runs contrary to that.
3. Petitioner further prays that the registration of the Honda City car of the petitioner be renewed if the fitness and pollution emission norms are within the Automotive Industry Standards of 2021 (AIS 129)
4. Perusal of the impugned public notice dated 30.10.2018 shows that the said notice has been issued pursuant to the order passed by the National Green Tribunal (NGT) dated 26.11.2014 an
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.
Point of Law : Registration and substitution of vehicles to be operated in country must conform to the norms laid down by Central Government read down by the Supreme Court as aforesaid.
The court emphasized the importance of addressing the issue of vehicular air pollution while recognizing the petitioners' interest in retaining their valuable assets.
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.
Petitioner's purchase of a condemned vehicle under auction did not entitle him to seek renewal of its registration after completion of 15 years, as it was expressly prohibited by the applicable rules....
The main legal point established in the judgment is that statutory provisions must be followed in the manner prescribed, and actions taken without proper notification or direction may not be sustaina....
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