Disposed

Urmila Pareek v. MCD and Ors.

Delhi HC13 Feb 2024W.P.(C)/2038/2024

Case brief

AI extract

What is this about?

Petition seeking release of a Maruti Swift Dzire seized by the MCD. The court directed release upon undertakings that the vehicle will not be plied or parked in Delhi and will be removed within two weeks, subject to towing charges but no parking charges.

What did the court decide?

Vehicle ordered to be released by the scrapping agency upon filing of undertakings and payment of towing charges; no parking charges.

Urmila Pareek Vs MCD and Ors. — Municipal and Town Planning | Delhi HC (2024)

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$~57

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2038/2024

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URMILA PAREEK ..... Petitioner Through: Mr. Kuldeep Kumar and Mr. Abu Zar Ali, Advs.

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versus

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MCD AND ORS ..... Respondents Through: Mr. Bahuli Sharma, ASC for R-1 /MCD. Mr. Mohit Bhardwaj and Mr. Manoviraj Singh, Advs. for GNCTD.

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA

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CM APPL.8536/2024 (Exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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CM APPL.8535/2024 (Stay)

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The present petition has been filed by the petitioner seeking release of her vehicle i.e. Maruti Swift Dzire Car VDI, having registration number HR14J4428, which has been seized by the respondent no.1/MCD.

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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.

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Considering the submissions of the parties and the order passed by the coordinate bench of this Court in the aforesaid W.P.(C) 10749/2023 & connected matters, the following directions are issued: -

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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 17/12/2024 at 15:11:42

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a. The petitioner will file affidavits of undertakings with the concerned authority/MCD within two weeks from today to the effect that if the vehicle is released to her, 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.

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b. The undertaking will also state that the vehicle 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 concerned officer of the MCD, 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 concerned authority/MCD 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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e. It is made clear that the aforesaid undertakings recorded on behalf of the petitioner will be treated as undertakings made to this Court, and that any breach of these undertakings may invite action for Contempt of Court.

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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.

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With the aforesaid directions, the present petition, along with pending application, is disposed of.

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FEBRUARY 13, 2024/ cl

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SACHIN DATTA, J

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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 17/12/2024 at 15:11:42

Urmila Pareek v. MCD and Ors.

Case brief

What is this about?

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Urmila Pareek v. MCD and Ors.

Case brief

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