Disposed

Vishal v. Transport Department (Govt of NCT of Delhi)

Delhi HC23 Jan 2024W.P.(C)/1011/2024

Case brief

AI extract

What is this about?

Writ petition seeking release of a seized vehicle. Respondent had no objection subject to an undertaking by the registered owner that the vehicle would not be plied in Delhi and would be removed within two weeks. Court directed release on such terms, with towing charges payable and no parking charges; petition disposed of.

What did the court decide?

Vehicle to be released by scrapping agency to registered owner upon filing of affidavit of undertaking, subject to towing charges and no parking charges.

Vishal Vs Transport Department (Govt of NCT of Delhi) — Delhi HC (2024) — LawSathi Research

¶1

$~64

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1011/2024

¶4

VISHAL ..... Petitioner

¶5

Through: Mr. Vishnu Deo Yadav, Adv.

¶6

versus

¶7

TRANSPORT DEPARTMENT (GOVT OF NCT OF DELHI) ..... Respondent Through: Mr. Mohit Bhardwaj, Panel Counsel, GNCTD for respondent.

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE SACHIN DATTA

¶10

O R D E R % 23.01.2024

¶11

CM APPL.4215/2024 (exemption)

¶12

Allowed, subject to all just exceptions.

¶13

The application stands disposed of.

¶14

W.P.(C) 1011/2024

¶15

The present petition seeks release of the vehicle bearing no.CH-03N8772 to the petitioner. It is stated that the said vehicle has been seized by the respondent vide challan no. DL-6710231223072310 on 23.12.2023.

¶16

After some hearing, learned counsel for the respondent who appears on advance notice submits that he has no objection to the vehicle being released subject to the registered owner of the vehicle i.e., Mr. Ravinder Singh filing an appropriate undertaking with the respondent, as in other similar matters.

¶17

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:22:41

¶18

Learned counsel for the petitioner submits that the petitioner has purchased the vehicle from Mr. Ravinder Singh, however, he submits that he shall arrange for an appropriate undertaking to be submitted by Mr. Ravinder Singh to the department.

¶19

On the undertaking being furnished by the registered owner of the vehicle i.e., Mr. Ravinder Singh, the vehicle shall be released by the respondent subject to the following conditions: -

¶20

a. Mr. Ravinder Singh will file an affidavit of undertaking with the Enforcement Officer, Department of Transport, GNCTD within two weeks from today to the effect that if the vehicle is released to him, it will not be plied or parked in any public space within the territory of NCT of Delhi, and will be removed from the NCT of Delhi within two weeks after release.

¶21

b. The undertaking will also state that the vehicle will be towed or otherwise transported to the borders of the NCT of Delhi.

¶22

c. Upon the affidavit of undertaking being received by the Enforcement Officer, he/she will facilitate the release of the vehicle by the scrapping agency to Mr. Ravinder Singh within one week thereafter.

¶23

d. Mr. Ravinder Singh will also file an affidavit before the Enforcement Officer within four weeks after the release of the vehicle stating that the vehicle has been removed from the territory of the NCT of Delhi.

¶24

e. In case the vehicle is registered in Delhi, Mr. Ravinder Singh may apply for issuance of NOCs for transport of vehicles outside Delhi. The NOCs will be processed in accordance with law, within a period of two weeks from the date of the application.

¶25

Further, in line with the directions issued in W.P.(C) 10749/2023 & connected matters, the petitioner and/or Mr. Ravinder Singh shall be liable

¶26

This is a digitally signed order.

¶27

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:22:41

¶28

for towing charges of approximately Rs.2,000 or Rs.2,500/- per vehicle. However, no parking charges will be payable to the scrapping agencies. 6. The present petition stands disposed of in the above terms.

¶29

SACHIN DATTA, J

¶30

JANUARY 23, 2024/r

¶31

This is a digitally signed order.

¶32

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/06/2024 at 12:22:41

Vishal v. Transport Department (Govt of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

Vishal v. Transport Department (Govt of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chandra Shekhar Vs the State of Uttar Pradesh & Ors.

Maj B S Maan Vs Union of India and Others

Sunil Kumar Vs Govt of NCT of Delhi and Ors.

All India Institute of Medical Sciences Vs Ms Veeena Gaba

Government of NCT of Delhi & Ors. Vs Subhash Chander Garg & Anr.

Diwan Singh and Ors. Vs Delhi Society for Prevention of Cruelty to Animals Dspca and Anr.

Shreya Suman Vs Punjab and Sind Bank and Others

Sunil Kumar and Ors. Vs Govt of NCT of Delhi and Ors.

Jk Tyre and Industries Ltd. Vs New Delhi Municipal Council & Ors.

Bhajan Lal & Ors. Vs Govt. of NCT of Delhi & Ors.

Sh. Brijmohan Vs Municipal Corporation of Delhi & Ors.

Sushma Bhatia Vs Municipal Corporation of Delhi, through the Commissioner

Sangeeta Malik Vs Municipal Corporation of Delhi & Ors.

Satbir Singh Sehwag Vs Municipal Corporation of Delhi