Delhi High Court Grants Interim Stay To Scrapping Of A Family Heritage Car

The Delhi High Court has granted an interim stay on the scrapping of a 15-year-old Daewoo Matiz, which the petitioner claims is a 'family heritage car.' The court has also issued a notice to the transport department and its authorized vehicle scrapping agency, M/s Go Green ELV Handlers.

The bench of Justice Manoj Kumar Ohri said that, “Till the next date of hearing, respondent No.3(scrapping agency)shall ensure that the subject vehicle is not dismantled or scrapped.”

Sushma Prasad, a retired officer of the Central Civil Accounts Service, filed a writ petition seeking the quashing of the seizure memo issued by the transport department of GNCTD, which seized her car for scrapping. The petitioner also seeks the restoration of the car.

The petitioner states that it was the desire of her late mother that certain tangible entities which were owned by her should be retained in the family and not disposed of.

“In her view this was the only way in which the grandchildren and great grandchildren could remember their existence,” the petition highlights.

The petitioner submitted that the transport department had illegally seized her vehicle by misinterpreting the directions of National Green Tribunal in 2014 Vardhaman Kaushik v Union of India & Ors., case.

The petitioner argued that her vehicle was forcibly seized which was standing right outside her residence as it had attained 15 years of age.

The vehicle was sent directly for scrapping without any Notice or affording any opportunity to present her case, the petitioner claimed.

The petition states that according to directions given in Vardhaman Kaushik case vehicles which are more than 15 years old found plying on the road would be seized only in accordance with the provisions of Motor Vehicles Act, 1988. And that the second category i.e. such vehicles standing on public land would be towed and challaned by the Police.

“Nowhere in the said Order is it directed that the vehicles be forcibly seized from residences and sent to

scrapping Units without the consent of the owners,”the petitioner argues.

“The present Petition raises important questions of law including

that of the right of a person to protect and preserve tangible entities belonging to one’s parents in order to ensure continuation of family values and heritage in the generations yet unborn. This question has a direct and proportional connection with Right to Life guaranteed by Article 21,”states the petition.

The counsel for petitioner Piyush Sharma, contended that petitioner submits that the subject vehicle was not plying and was parked outside petitioner’s house.

The counsel submitted that the petitioner intends to convert the subject car into an electric vehicle, and necessary enquiries are being made.

The counsel also submitted that the petitioner is willing to file an undertaking neither to ply the subject vehicle nor to park it on a public space unless the same is retrofitted.

Taking note of the submissions, the High Court has stayed the dismantling or scrapping of the vehicle until the next date of hearing and has issued a notice to the respondents.

Stating that GNCT of Delhi and Transport Department shall also ensure that the necessary intimation in this regard is conveyed to the scrapping agency, the Court adjourned the matter.

Case Title: Sushma Prasad v. GNCTD & Ors.

Citation: 2023 LiveLaw (Del) 368

Counsel for petitioner: Mr. Piyush Sharma

Counsel for respondent: Mr. Udit Malik, ASC with Mr. Vishal Chanda

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