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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Pentapati Pulla Rao - Appellant
Versus
NCT of Delhi - Respondent
W.P.(C) 4981 of 2022 & CM. Appl. 14810 of 2022
Decided On : 25-03-2022
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.
Headnote:(A) Constitution of India - Articles 14 and 21 - Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 - Public notice dated 30.10.2018 issued by Transport Department challenged as arbitrary - Petitioner seeks renewal of registration for petrol vehicle exceeding 15 years - NGT orders prohibit operation of older vehicles in NCR. (Paras 1-7)
(B) Vehicle Scrapping Policy - Directive from Supreme Court mandates non-permission of plying older vehicles, thereby affecting registration renewals for vehicles over set age limits - Petitioner’s vehicle is subject to these regulations post completion of its age limit. (Paras 5-7)
Facts of the case:
Petitioner, owner of a petrol vehicle registered on 05.02.2006, seeks registration renewal after the vehicle surpasses 15 years of age by policy.
Findings of Court:
Petitioner cannot renew vehicle registration for plying in NCR due to NGT and Supreme Court prohibitions.
Issues: Whether the public notice contravenes Articles 14 and 21, and if renewal is permissible after age completion.
Ratio Decidendi: Court establishes the non-eligibility for renewal under existing regulations that align with environmental orders from higher courts.
Result: Petition dismissed.
| 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 and 07.04.2015 in the matter of Vardhman Kaushik Vs. Union of India, whereby the NGT had prohibited plying of petrol vehicles of more than 15 years of age and diesel vehicles of more than 10 years of age in Delhi and NCR region.
5. The public notice further records that the Supreme in Writ Petition (Civil) 13029/1985, titled M.C. Mehta Vs. Union of India by its order dated 28.10.2018 has directed that all diesel vehicles which are more than 10 years old and petrol vehicles which are 15 years old shall not be permitted to ply in the NCR region in terms of the order of the NGT dated 07.04.2015.
6. The vehicle of the petitioner is a petrol vehicle, which was originally registered on 05.02.2006 and completed 15 years on 04.04.2021.
7. In view of the orders passed by the NGT as also the Supreme Court, petitioner cannot seeks renewal of the registration of the petrol vehicle after completion of 15 years for the purposes of plying in Delhi NCR.
8. In terms of the policy of the Government of NCT of Delhi, NOC can always be obtained by the petitioner for transfer of vehicle, subject to other norms, in areas which are permitted in terms of the order of the NGT as well as the Supreme Court.
9. In view of the above, that relief sought for by the petitioner cannot be granted in this petition. The Petition is accordingly dismissed.
