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2023 Supreme(Online)(DEL) 11190
W.P.(C) 130/2023
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*
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
Vehicles over 15 years old parked in private parking places cannot be impounded.
Headnote:
VEHICLE SCRAPPING - GUIDELINES - 2018 - 2021 RULES - NGT ORDER - IMPOUNDED VEHICLES - PRIVATE PARKING - COMPENSATION
Fact of the Case:
The petitioner's 18-year-old car was lifted from her private parking space by authorized scrappers under the 2018 Guidelines for Scrapping of Motor Vehicles in Delhi. The petitioner challenged the action, arguing that the car was not an End-of-Life Vehicle and was not parked in a public place.
Finding of the Court:
The court held that the 2018 Guidelines had been scrapped and the scrappers' license was no longer valid. The court also noted that a coordinate bench had held that vehicles over 15 years old parked in private parking places could not be impounded. However, the court found that the police and scrappers had acted in good faith based on the law as it stood at the time.
Issues: 1. Whether the scrappers had the authority to lift the petitioner's car from her private parking space?2. Whether the car was an End-of-Life Vehicle?3. Whether the petitioner was entitled to compensation for the loss of her car?
Ratio Decidendi: 1. The scrappers' license under the 2018 Guidelines was no longer valid.2. The car was over 15 years old and therefore met the definition of an End-of-Life Vehicle.3. The police and scrappers had acted in good faith based on the law as it stood at the time, and the petitioner was not entitled to compensation.
Final Decision: The court disposed of the petition, directing the respondents to release the vehicle back to the petitioner with an undertaking that she would take it outside the city and not park it in any public place.
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
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:02.12.2023
18:03:10
Signature Not Verified
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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
Digitally Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:02.12.2023
18:03:10
Signature Not Verified
Page 3 of 15
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 vio
