Justice Prateek Jalan presided over a group of petitions challenging the confiscation of automobiles by the authorities. These vehicles were seized due to their infringement of court rulings prohibiting the operation of petrol and diesel vehicles exceeding 15 and 10 years in age, respectively. The court requested the Delhi government to establish a guideline for managing such vehicles in cases where owners pledge that these vehicles will no longer be used within the city limits.
Additionally, the court emphasized the need for adequate dissemination of this policy. Reportedly, the court noted that the policy's objective was not to eliminate the vehicles but to guarantee a pollution-free environment in the national capital. It emphasized the importance of striking a balance between the right to use one's property and environmental concerns.
"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," the 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.
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