The court observed that a balance between the right to use one’s property and environmental interests has to be maintained.
The Delhi High Court on Tuesday directed the release of several seized “end-of-life” vehicles on an undertaking by the owners that the vehicles will be either permanently parked in private spaces, or will be removed from the city limits.
- ‘Environment policy aims to keep NCT pollution free, not scrap vehicles’: High Court
- Release of seized vehicles subject to certain conditions
- Breach of conditions will invite action from court
Justice Prateek Jalan was dealing with a batch of petitions against the seizure of cars by authorities for being in violation of judicial orders banning the use of petrol and diesel vehicles that are over 15 years and 10 years of age, respectively. The court asked the Delhi government to frame a policy on dealing with such vehicles when owners are able to assure the authorities that they would not use the said vehicles. The court added that such a policy be given due publicity.
It observed that the intention behind the environmental policy was not to scrap the cars but to ensure that the national capital is pollution free, adding that a balance has to be maintained between the right to use one’s property and environmental interests.
Justice Jalan said, “I am of the view that the petitioners’ grievances can be balanced with the implementation of the orders of the NGT and the Supreme Court by directing the release of the vehicles to owners subject to an undertaking to remove the vehicle from the territory of NCT of Delhi and not to ply/park them in public spaces within the NCT of Delhi.”
Petitioners will have to provide evidence of private space either owned or leased, the court said, adding that the enforcement officer concerned would facilitate the release of these vehicles from the scrapping agency.
The High Court also clarified that the undertaking to the transport department would state that the vehicles shall be towed or transported to the border of the NCT of Delhi for its removal, and that in case the vehicle is registered in Delhi, the petitioner may apply for NOC for transfer of vehicles outside Delhi. Any breach of the undertaking by the owners would invite action from court, Justice Jalan said.
Petitioners’ reaction against vehicle seizing
One of the petitioners argued that her vehicle, which held “deep sentimental value”, was seized by the authorities earlier this year without any prior notice when it was merely parked outside her house. The petitioner said that she didn’t intend to ply the car, but has plans to convert it into an electric vehicle.
Similarly, another petitioner challenged the seizure of his 12-year-old diesel car, which was “only parked for the purposes of denting, painting and other miscellaneous electrical work which was imperative in order to dispose of the car in another state.” This petitioner said that no law prohibits the mere keeping of old diesel vehicles and no prior notice was given to him before the vehicle was taken into possession.
Meanwhile, Delhi Transport Minister Kailash Gahlot had on Monday directed the department secretary-cum-commissioner to stop seizing parked vehicles that have completed their stipulated life on the road. Owners of such vehicles will be fined if these are found plying on the roads. Gahlot also cited an office memo issued by the department dated June 27, saying the drive was not approved by the government.
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