Disposed

Wing Commander Vivek Joshi (Retd) v. Government of NCT of Delhi & Ors.

Delhi HC9 Mar 2026W.P.(C)/2894/2026

Case brief

AI extract

What is this about?

Petitioner's vehicle was impounded by a scrapping agency as an End-of-Life Vehicle while parked outside his residence in Delhi pending NOC for transfer of registration. The Court directed release of the vehicle subject to payment of charges and an undertaking not to ply or park it within Delhi NCR, and restrained scrapping till decision.

What did the court decide?

Directions for release of vehicle HR26BF8943 upon compliance with ELV guidelines/SOP, payment of charges and undertaking not to ply it in Delhi NCR; scrapping stayed.

Wing Commander Vivek Joshi (Retd) Vs Government of NCT… — Motor Accident Claims | Delhi HC (2026)

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 2894/2026 with CM APPL. 14029/2026 and CM APPL. 14030/2026

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WING COMMANDER VIVEK JOSHI (RETD) .....Petitioner Through: Ms. Disha Joshi & Mr. Ramandeep Singh, Advocates. versus GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Astha Gupta, Advocate for R-1. Mr. Sunil Goel, Standing Counsel for MCD (through video-conferencing ) with Ms. Dimple Agarwal, Mr. Himanshu Goel, Advocates for R-2. Mr. Yash Gupta & Ms. Madhu Sudhan Bhayana, Advocates for R-3.

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CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

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O R D E R 09.03.2026

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The present writ petition has been filed challenging the removal order dated 16^th February, 2026 and a direction not to scrap the vehicle of the petitioner, Honda City 1.5, Red Colour bearing Registration No. HR26BF8934 and Chasis No. MAKGM252HANI07740.

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It is submitted that the petitioner is the owner of the aforesaid vehicle.

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The vehicle of the petitioner is registered with the RTO Gurugram.

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It is submitted that the said vehicle was brought in Delhi on 2^nd November, 2025, for the transfer of registration to outside Delhi NCR, and obtaining the necessary No Objection Certificate (NOC) from the competent authority in Delhi.

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Page 1 of 3

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W.P.(C) 2894/2026

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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 11/03/2026 at 10:42:27

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The vehicle of the petitioner was impounded and seized without any prior intimation to the petitioner on 16^th February, 2026, by the respondent no.3, i.e. Nirvana Scrappers, for scrapping as an End-of-Life Vehicle.

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It is stated that the said vehicle was parked outside the gate of the society where the petitioner resides and was not plied or used on public roads at any time after being brought to Delhi.

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The petitioner sent a request letter dated 23^rd February, 2026, to the respondent no.2/MCD, along with an undertaking/ affidavit, that the petitioner shall not drive the said vehicle within Delhi NCR.

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Issue Notice.

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Notice is accepted by counsel for the respondents.

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Counsel appearing on behalf of the petitioner has placed reliance on the judgment dated 30^th July, 2025, passed by this Court in W.P. (C) 11175/2025 titled as “ Vikas Kumar Singh v. Municipal Corporation of Delhi and Ors ”. It is submitted that the present writ petition be also disposed of on similar lines.

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Counsel appearing on behalf of the respondent no.3/Nirvana Scrappers submits that the vehicle has not been scrapped yet. 12. Accordingly, having heard counsel for the parties, the following directions are issued:

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i. The petitioner shall apply for release of his vehicle in terms of the “Guidelines for Handling End of Life Vehicles in Public Places of Delhi, 2024” dated 20^th February, 2024, read with “Standard Operating Procedure (SOP) for Releasing End of Life Vehicle (ELV) Seized as Part of Enforcement Drive as per paras 6 & 7 of the Guidelines for Handling End of Life Vehicle in Public Places of Delhi,

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Page 2 of 3

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W.P.(C) 2894/2026

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2024” dated 21st October, 2024.

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ii. The petitioner shall approach the respondent no.3/Nivana Scrappers, along with all the requisite documents, including, the undertaking that the petitioner shall not ply the vehicle within the limits of NCR of Delhi and shall not park the same in any public area within the NCR of Delhi.

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iii. The petitioner shall also pay the requisite penalty charges, towing charges, parking fee and other charges. Further, he shall submit other documents, as required, in terms of the Delhi Maintenance and Management of Parking Places Rules, 2019.

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iv. If any further documents are required, the petitioner shall be informed of the same in writing. The petitioner shall submit the said documents within a period of two weeks of being informed regarding the same.

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v. Upon the petitioner supplying all the aforesaid documents, the vehicle bearing no. HR26BF8934, shall be released to the petitioner. If the vehicle is not released to the petitioner, the reasons for the same will be communicated to the petitioner in writing.

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vi. The respondent no.3/Nirvana Scrappers shall not scrap the vehicle of the petitioner and shall preserve the same till the final decision is taken in the application of the petitioner for the release of his vehicle.

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Accordingly, the present writ petition is disposed of.

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AMIT BANSAL, J

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MARCH 9, 2026/ at

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Page 3 of 3

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W.P.(C) 2894/2026

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Wing Commander Vivek Joshi (Retd) v. Government of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Wing Commander Vivek Joshi (Retd) v. Government of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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