NEW DELHI: The High Court on Tuesday directed the release of several seized “end-of-life” vehicles on an undertaking by the owners to either permanently park them in private spaces or remove them from the city.
Justice Prateek Jalan, 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.
The court asked the Delhi government to frame a policy on dealing with such vehicles when owners are willing to assure that they would not be used here and give “due publicity” to the same.
It observed that the intention behind the policy was not to scrap the cars but ensure that the national capital is pollution free, and a balance has to be maintained between the right to use one’s property and environmental interests.
“I am of the view that the petitioners’ grievances can be balanced with the implementation of the orders of the NGT and 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,” court ordered.
“For parked cars, the petitioners will file an undertaking that they will not be plied or parked in public space. Petitioners will provide evidence of private space either owned or leased,” stated the court, adding that the enforcement officer concerned would facilitate the release of the vehicles of the petitioners from the scrapping agency.
The court 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 their removal.