Mahabir Traders v. Govt. of NCT of Delhi & Anr.

1. The present writ petition has been filed seeking release of the impounded vehicle bearing no. HR47B6988, with further directions to the respondent no. 2 to not scrap the said vehicle.

2. Learned counsel appearing for the respondent no.2-Saga Tech Solution Pvt. Ltd., i.e., the scrapper, submits on instructions, that the vehicle, i.e., Tata Truck, of the petitioner has still not been scrapped. He further submits that the respondent no. 2 has no objection in releasing the vehicle, provided the petitioner pays the penalty, towing charges, parking fee, and other compliances in terms of Delhi Maintenance and Management of Parking Places Rules, 2019.

3. This Court notes that in the writ petition, it has been stated that the petitioner had purchased the Tata Truck bearing the registration no. HR47B6988, for purposes. The petitioner now wants to take the said vehicle to Dhanbad, Jharkhand.

4. As per the petition, the petitioner has already obtained a ‘No Objection Certificate’ from the Transport Authority, Dhanbad, Jharkhand, to use the truck in Dhanbad for commercial purposes.

5. Since the truck of the petitioner needed some repairs, he had sent his track to a repair shop situated in Punjabi Bagh, in February, 2025. It is submitted that while the mechanic was repairing the said truck on 19th

6. Learned counsel appearing for the respondent no.1-Government of National Capital Territory of Delhi (“GNCTD”) submits that the petitioner needs to undertake that the vehicle in question shall not be plied in Delhi and that various compliances shall be completed by the petitioner. February, 2025 outside his repair shop, some officials claiming to be from the Office of Traffic Inspector PBC Circle, Delhi, visited and seized the truck of the petitioner. Since then the truck of the petitioner is lying seized with respondent no. 2.

7. Considering the submissions made before this Court, it is directed as follows: 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 20th 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, 2024” dated 21st ii. The petitioner shall approach the respondent no. 2 for the purpose of release of vehicle, i.e., Tata Truck, bearing registration no. HR47B6988. October, 2024. iii. The petitioner shall carry all the requisite documents which are required to be filed, in terms of the Delhi Maintenance and Management of Parking Places Rules, 2019. iv. The petitioner shall also pay penalty, towing charges, parking fee and other charges, including, deposit of any documents in terms of Delhi Maintenance and Management of Parking Places Rules, 2019. v. The petitioner shall submit an undertaking that the petitioner shall not either ply, or park the said truck, in any public place within Delhi. vi. Upon the aforesaid compliances being done by the petitioner, the vehicle of the petitioner shall be released to the petitioner. vii. The petitioner shall take the said truck to Dhanbad, Jharkhand, in terms of the submission made in the present writ petition, for which the petitioner is already stated to have NOC from the Transport Department. viii. The respondent no. 2, i.e., the scrapper, shall preserve the vehicle and shall not scrap the same, during the pendency of the proceedings for release of the same.

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

9. The next date of hearing, i.e., 11th MINI PUSHKARNA, J MAY 22, 2025 September, 2025, stands cancelled.