Allowed

Anil Kumar Singh v. Government of NCT of Delhi through Special Commissioner (Enforcement) Transport Department & Anr.

Delhi HC3 Jan 2024W.P.(C)/9/2024

Case brief

AI extract

What is this about?

The High Court directed the release of the petitioner's vehicle held by the Transport Department for removal from Delhi to Uttar Pradesh, subject to undertakings regarding non-use in Delhi and payment of towing charges, following a coordinate bench decision.

What did the court decide?

Vehicle released to petitioner for movement out of Delhi upon filing affidavits of undertaking and payment of towing charges.

Anil Kumar Singh Vs Government of NCT of Delhi… — Municipal and Town Planning | Delhi HC (2024)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 9/2024

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ANIL KUMAR SINGH ..... Petitioner Through: Mr. Vaibhav Sinha and Mr. Pankaj Sharma, Advs. (through v/c)

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versus

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GOVERNMENT OF NCT OF DELHI THROUGH SPECIAL COMMISSIONER (ENFORCEMENT) TRANSPORT DEPARTMENT & ANR ...... Respondents Through: Mr. Mohit Bhardwaj, Panel Counsel for R-1.

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Mr. Harsh Singhal, Ms. Mugdha Avnish Sharma and Mr. Utkarsh Singhal, Advs. for R-2.

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA O R D E R

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% 03.01.2024

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CM APPL.41/2024 (Exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 9/2024

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Vide the present writ petition, it has been prayed as under:

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“ (a) Issue a Writ, order and directions in the nature of Mandamus by directing the Respondents to issue the NOC in favor of the Petitioner and also Release his Maruti SX4 (Petrol) Bearing No. UP32NM6295, so that the Petitioner can move the same out of the boundaries of Delhi, permanently.

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(b)That till the Pendency of this Writ no Corrosive action be taken against the Vehicle of the Petitioner i.e., Maruti SX4 (Petrol) Bearing No. UP32NM6295 .”

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This is a digitally signed order.

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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 06/05/2024 at 14:48:59

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Issue notice.

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Learned counsel, as aforesaid, appears and accepts notice on behalf of the respondents.

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Respective counsel for the parties are in agreement that the present matter is covered by judgment of a coordinate bench of this court in W.P.(C) 10749/2023, whereby, this court has permitted the concerned vehicles to be released on certain conditions.

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In the circumstances, in line with directions issued by this court in similar matters, it would be apposite to direct that the concerned vehicles of the petitioner be released to the petitioner so that it can be moved out of the boundaries of Delhi to Lucknow, Uttar Pradesh, as prayed, if the vehicle has not already been scrapped.

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Accordingly, it is directed as under:

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a. The petitioners will file affidavits of undertakings with the Enforcement Officer, Department of Transport, GNCTD within two weeks from today to the effect that if the vehicles are released to them, they 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.

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

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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 petitioners within one week thereafter.

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d. The petitioners 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.

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This is a digitally signed order.

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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 06/05/2024 at 14:48:59

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e. In the case of vehicles registered in Delhi, the petitioners 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.

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Further, in line with the directions issued in W.P.(C) 10749/2023, 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.

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The present writ petition along with the pending applications stands disposed of with the aforesaid directions.

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SACHIN DATTA, J

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JANUARY 3, 2024/ cl

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This is a digitally signed order.

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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 06/05/2024 at 14:48:59

Anil Kumar Singh v. Government of NCT of Delhi through Special Commissioner (Enforcement) Transport Department & Anr.

Case brief

What is this about?

What did the court decide?

Anil Kumar Singh v. Government of NCT of Delhi through Special Commissioner (Enforcement) Transport Department & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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