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2023 Supreme(Online)(Del) 22881

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29th NOVEMBER, 2023 IN THE MATTER OF:

+ W.P.(C) 130/2023 & CM APPL. 487/2023 SUNANDA AYARE ..... Petitioner Through: Mr. M. S. Jadhav, Adv. with Petitioner in person.

versus PRINCIPLE SECRETARY-CUM-COMMISSIONER, GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Anupam Srivastava, ASC for GNCTD with Mr. Vasuh Mishra, Adv. for R-1,3 and 5.

Mr. Chirag Madan, ASC with Ms. Ravleen Sabharwal, Mr. Manoviraj Singh and Mr. Rahul Agarwal, Advs.

for R-2/MCD.

Mr. Deepak Vohra and Mr. Nishant Gupta, Advs. for R-6 and 7.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

JUDGMENT

1. Petitioner has approached this Court by filing the present Writ Petition with the following prayers:

"1. To kindly pass an appropriate order (s)/ direction(s) to the respondent no.1 and 2 to black-list and cancel the authorized scrapping licence dated 11/02/2020 and the authority letter dated 15/02/2022 and 30/09/2022 for non non-compliance of the Guidelines for Scrapping the Motor Vehicles in Delhi- 2018 intentionally and violated the provisions and guidelines of the Motor Vehicles (Registration and Functions of Vehicle Scrapping (Facility) Rules, 2021 and committed cognizable offences and liable to be struck off the name from the list of the authorized scrappers of End-of-Life Vehicle and infringed the legal and fundamental right of the petitioner by removing the fit condition live Hyundai Santro Car Regn.No.HP72C1989 by using criminal force from inside permanent residential parking slot of Flat No.76-C, Pocket-4, Mayur Vihar-I, New Delhi-110091 on 24/09/2022 under criminal conspiracy in furtherance and prosecution of common object and fraudulent removal and concealment by putting the petitioner in fear of injury and committed extortion, dishonest misappropriation, cheating and dishonestly induced for delivery the fit condition live car fraudulently by creating terror and fear, intentional insult with intent to provoke breach of the peace by using harass and abusive language against the petitioner by the respondent no. 6 and 7 in connivance and nexus with the officials of the respondent no.5 whereas the fit condition live car was insured vide Insurance Policy No.D038687201/30092021 on 30thSept., 2021 for validity period up to 30/09/2022 by the Go Digit General Insurance Ltd. as the life of the fit condition car will end in Oct., 2023 which was not declared End-of-Life Vehicle or unfit as per rules 3 (1) (f) the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 notified by the respondent no. 3 in the interest of justice.

2. To pass an order/ direction(s) against the respondent no.5 i.e. the police officials on duty to initiate a disciplinary inquiry as they accompanied the officials of the respondent no. 6 and 7 and failed to take action to close down the illegal trade for harbouring the offenders, criminal, robbers and dacoits for using the criminal force, false information while lifting the old fit condition cars by putting the owners under fear and create mental pressure by harassing and assaulting without written mandatory permission and did not pay the cost at the spot before taking away/ removing the fit condition live car from inside the permanent residential parking forcibly with preparation by using criminal force intentionally without consent and written permission and there is apprehension of endangering life and threat to personal safety of the petitioner so the criminal case be registered to punish the officials of the respondent no.7 in the interest of justice.

3. To pass further order(s)/ appropriate direction (s) to the respondent no. 1 to 5 to establish a proper monitoring committee for checking on the scrapping of motor vehicles as per guidelines by the respondent no. 6 and 7 and proper implementation of the provisions and guidelines of the Motor Vehicles (Registration and Functions of Vehicle Scrapping (Facility) Rules, 2021 to avoid harassment and torture of the petitioner in the interest of justice.

4. To pass further order (s) or appropriate direction to the respondent no. 4 to deregistered the registration of respondent no.7 who involved in illegal trade and committed cognizable offences by causing wrongful loss to the petitioner just to make illegal profit due to non-compliance of the Guidelines for Scrapping the Motor Vehicles in Delhi-2018 and violated the provisions and guidelines of the Motor Vehicles (Registration and Functions of Vehicle Scrapping (Facility) Rules, 2021 and the santro old live car was not declared End-of-Life Vehicle or unfit as per ru

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