Dr Sanjay Wadhawan v. Municipal Corporation of Delhi

1. The present writ petition has been filed with prayer for release of the vehicle bearing no. DL-9CT-2534 to the petitioner, having been seized by the respondent/Municipal Corporation of Delhi (“MCD”). MINI PUSHKARNA, J (ORAL)

2. It is submitted that the petitioner is the owner of the Chevrolet car numbered as aforesaid, which has completed 15 years of life. The petitioner was not using the car and had kept it parked in front of his clinic, as the petitioner inadvertently could not get the No Objection Certificate, for selling the car outside Delhi.

3. It is submitted that the car of the petitioner is in an extremely good condition and has run less than 50,000 km.

4. It is submitted that on 26th

5. It is submitted that despite the petitioner having approached the respondents, the car of the petitioner has not been released. Thus, the present writ petition has been filed. March, 2025, when the car of the petitioner was parked outside his clinic, the same was seized by the MCD, on the ground that it had completed 15 years of life. It is submitted that the car of the petitioner is now in possession of Nirvana Scrappers, i.e., respondent NO. 3 herein.

6. Issue notice. Notice is accepted by learned counsel for the respondents.

7. Learned counsel for the respondents had brought the attention of this Court to the ‘Guidelines for Handling End of Life Vehicles in Public Places of Delhi, 2024’, issued by Government of NCT of Delhi, Transport Department.

8. It is submitted that in case the petitioner submits the requisite undertaking and documents, and pays penalty, in terms of the said guidelines, the car of the petitioner shall be released.

9. Having heard learned counsels for the parties, this Court notes that as per Clause 6 of the aforesaid Guidelines issued by Government of NCT of Delhi, it is stipulated as under: “xxx xxx xxx

6. RELEASE PROCEDURE OF IMPOUNDED VEHICLES (Registered in Delhi-NCR) Category 1: Those who wish to Shift their vehicle out of Delhi-NCR

(i) On plying and parking of ELVs in public place in NCT of Delhi, once impounded for the first time it can be released on the basis of submission of below documents: a) An undertaking that vehicle will not be plied or parked in any public place within the territory of NCT of Delhi and will be removed from the NCT of Delhi. b) A copy of the Registration Certificate of the vehicle. c) NOC of the vehicles to shift the vehicle outside of Delhi-NCR, in case vehicle registered in Delhi-NCR d) In the case of 4-wheeler, a penalty of Rs 10,000 along with towing charge and parking fee as notified in Delhi Maintenance and Management of Parking Places Rules, 2019 (hereinafter “Parking Rules 2019”), shall be charged before releasing of such ELVs. e) In the case of 2-wheeler, a penalty of Rs 5,000 along with towing charge and parking fee as notified in Parking Rules 2019 shall be charged before releasing of such ELVs.

(ii) On submission of above document, Enforcement agency will issue releasing order based on which concerned RVSF can release the vehicle from their scrapping yard. In case, vehicle is already outside of Delhi-NCR after seizure, it shall not be allowed to enter in Delhi-NCR and should be shifted outside of Delhi-NCR from scrapping yard itself. xxx xxx xxx”

10. Since the vehicle of the petitioner has completed 15 years of life, it falls within the definition of ‘End of life vehicle’ under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021.

11. Learned counsel appearing for respondent no. 3 submits that the vehicle of the petitioner has not been scrapped.

12. This Court notes the submission made by learned counsel for the petitioner that the petitioner shall abide by the guidelines issued by the Government of NCT of Delhi and pay the requisite penalty and file an undertaking in terms of the aforesaid Guidelines.