Bharat Vehicle Scrap vs Govt. Of NCT Of Delhi & Ors.

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

The present writ petition has been filed challenging Circular dated 19.01.2023 issued by respondent No.1, whereby, licences granted under the Guidelines for Scrapping of Motor Vehicles in Delhi, 2018 were treated as invalid. The petitioner, claiming to be a licensee under licence dated 02.07.2020, also seeks permission to continue its operations and consequential clarification regarding categorisation for establishment of a scrapping facility under the new regime.

It appears that the policy of the Government of India was to shift scrapping of over aged Government vehicles to the formal scrappage regime through Registered Vehicle Scrapping Facilities. Under the said framework, registration of Government vehicles was not to be renewed after 15 years and their disposal was to be ensured through such registered facilities. Pursuant thereto, the Government of NCT of Delhi issued Circular dated 19.01.2023 directing all concerned departments and organisations to ensure time bound scrapping of 10 year old diesel vehicles and 15 year old petrol/CNG vehicles.

Subsequently, in compliance with the order dated 01.05.2023 passed by this Court in W.P.(C) 4904/2023, the Transport Department passed an order dated 04.05.2023. It granted a limited time up to 31.05.2023 to authorised scrappers licensed under “The Guidelines for Scrapping of Motor Vehicles in Delhi, 2018”. The said extension was only to enable them to wind up scrapping activities in respect of vehicles already taken for scrapping and in their possession before 10.04.2023. It was further clarified that certificates of scrapping issued by such authorised scrappers would be considered only up to 31.05.2023.

There does not appear to be any illegality in issuance of the circular dated 19.01.2023, since the same was issued in consonance with the policy decision of the Government of India. The subsequent order of the Transport Department was only a transitional arrangement pursuant to the order dated 01.05.2023 passed by this Court.

The petitioner, under the new regime, was at liberty to apply for a licence in accordance with law.

In view thereof, this Court is not inclined to accede to the prayer made by the petitioner. Accordingly, the same stands dismissed. Pending application also stands disposed of.