Allowed

Jitender Kumar v. Municipal Corporation of Delhi and Ors.

Delhi HC9 Feb 2024W.P.(C)/1881/2024

Case brief

AI extract

What is this about?

Petitioner sought release of seized vehicle under order passed in W.P.(C) 10749/2023. Court allowed release upon filing undertaking to remove vehicle from NCT of Delhi within two weeks, borne petitioner's towing charges but not parking fees.

What did the court decide?

Release of seized vehicle after filing undertaking to remove it from NCT of Delhi within two weeks; petitioner to bear towing charges.

Jitender Kumar Vs Municipal Corporation… — Constitutional and Fundamental Rights | Delhi HC (2024)

¶1

$~56

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 1881/2024

¶4

JITENDER KUMAR ..... Petitioner Through: Mr. Shannu Baghel, Adv.

¶5

versus

¶6

MUNICIPAL CORPORATION OF DELHI AND ORS

¶7

..... Respondents Through: Mr.Jai Wadhwa, ASC-MCD/ R-1 Mr.Mohit Bhardwaj, Adv. for R-3

¶8

CORAM:

¶9

HON'BLE MR. JUSTICE SACHIN DATTA

¶10

The hearing has been conducted through video-conferencing.

¶11

CM APPL.7863/2024 (Exemption)

¶12

Allowed, subject to all just exceptions.

¶13

Application stands disposed of.

¶14

W.P.(C) 1881/2024

¶15

The present petition has been filed by the petitioner seeking release of his vehicle i.e. Scorpio car, having registration number HR27E5588, which has been seized by the respondents.

¶16

It is sought that the respondents be directed to release the seized vehicle in line with the directions passed by this Court in W.P.(C) 10749/2023 & connected matters.

¶17

Considering the submissions of the parties and the order passed by the

¶18

This is a digitally signed order.

¶19

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 16/12/2024 at 15:10:57

¶20

coordinate bench of this Court in the aforesaid W.P.(C) 10749/2023 & connected matters, the following directions are issued:-

¶21

a. The petitioner will file 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.

¶22

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

¶23

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 the petitioner within one week thereafter.

¶24

d. The petitioner 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.

¶25

e. In the case of vehicle registered in Delhi, the petitioner may apply for issuance of NOC’s 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.

¶26

f. It is made clear that the aforesaid undertaking recorded on behalf of the petitioner will be treated as undertaking made to this Court, and that any breach of the undertaking may invite action for Contempt of Court.

¶27

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

¶28

This is a digitally signed order.

¶29

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 16/12/2024 at 15:10:57

¶30

With the aforesaid directions, the present petition is disposed of.

¶31

SACHIN DATTA, J

¶32

FEBRUARY 9, 2024/AT

¶33

This is a digitally signed order.

¶34

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 16/12/2024 at 15:10:57

Jitender Kumar v. Municipal Corporation of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Jitender Kumar v. Municipal Corporation of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Times Internet Limited Vs Pcit, DELHI-7 and Ors.

R.P. Basia & Co. Vs Income Tax Officer Ward 34(1) Delhi

School of Physical Education and Sports Development, Opjs University Vs National Council for Teacher Education & Anr.

Nabakrushna Choudhury College of Teacher Education Angul Vs National Council for Teacher Education and Anr.

Oswal Agencies Pvt. Ltd. Vs Union of India & Ors.

Gaurav Verma Vs National Informatics Centre & Anr.

Cipla Limited Vs National Pharmaceutical Pricing Authority & Anr.

Ajay Shukla Vs Union of India & Ors.

Pooja Vs Municipal Corporation of Delhi & Ors.

Chetan Prakash Vs Govt. of NCT of Delhi & Ors.

Harinder Singh Vs Dy Commissioner

Vikram Thakral Vs Municipal Corporation of Delhi & Ors.

Ramesh Kumar Goel Vs Municipal Corporation of Delhi & Ors.

Urmila Pareek Vs MCD and Ors.