[anjan_c2007]

Originally Posted by anjan_c2007

I have tweeted my concern after reading this "mother of all misinterpreted circulars" by some Dy Commissioner of the Scrapping Cell of Transport Department, Govt of Delhi NCR. They have become overrefficient to misinterpret and and impound old vehicles from everywhere.

The bunch of petitions in the Delhi High Court from concerned victims whose "end of life" vehicles were illegally and zealously seized from parking spaces by the Government of NCR, Scrapping Cell have been heard and decided.

Putting these authorities on the backfoot, the court has ordered release of all such impounded vehicles and directed the owners to submit undertakings to the effect that these shall not be used on public roads or public places as the Apex Court and NGT had earlier ordered.

Seizure of end-of-life vehicles: Delhi HC directs release of seized cars on undertaking by owners

http://dhunt.in/OL4tM?s=a&uu=0x4a09defdfbda8a93&ss=pd
Source : "News9 Live" via Dailyhunt

[directinjection]

Originally Posted by anjan_c2007

I have tweeted my concern after reading this "mother of all misinterpreted circulars" by some Dy Commissioner of the Scrapping Cell of Transport Department, Govt of Delhi NCR.

I'm not defending the officer concerned but there was a disconnect between the circular and your tweet.

The subject matter of the circular was, “Action to be taken on End-of-Life/Overaged vehicles plying on roads or parked in public places (deemed to be plying) reg.”

Your tweet said, “Are these authorities permitted to enter private premises to impound old motor vehicles?”

The circular did not permit anyone to enter private premises but only public places such as roads, streets, pavements, etc. which incidentally, a lot of people use for parking in big cities with scarcity of land. Vehicles parked inside the boundary wall of a house or even a gated society weren't covered by the circular (as per my understanding).

Of course the circular is redundant now, thanks to the court order!

[anjan_c2007]

Originally Posted by directinjection

I'm not defending the officer concerned but there was a disconnect between the circular and your tweet.

The subject matter of the circular was, “Action to be taken on End-of-Life/Overaged vehicles plying on roads or parked in public places (deemed to be plying) reg.”

Your tweet said, “Are these authorities permitted to enter private premises to impound old motor vehicles?”

The circular by the Dy Commissioner, NCT government scrapping cell referred to, nowhere mentioned about seizures from only public places as the Apex Court and NGT orders had directed. It uses the phrase "plying/ parked in your residential areas" which has nebulous meaning for the laymen (read All The Contractor's Men). The vehicle impounding job was given to one or more contractors by the NCT Scrapping Cell of the local government. Hence, it had so happened during the past few months, they were forcibly entering private premises to make fast bucks. For instance, since there was a provision for "vigilant citizens" to inform about such vehicles spotted, the contractor's men were entering private premises to impound these. It so happened that in flats, some had lodged such complaints against fellow occupant/s who were not in good terms with the "vigilant citizens" and the contractor's men ( read enforcement team) entered private premises too. In one case a lady owned Daewoo Matiz was impounded from within her flat society's premises. This car was passed on to her by her mother. She had approached the Delhi High Court stating that she was sentimentally attached to this car and had got a favourable ruling and was handed over her car back. Of course, the court needs an undertaking that the vehicle will not be plied in the prohibited NCR.

In the famously publicised case my acquaintance Mr Kaleem Khan's 1949 Humber Snipe was seized from his workshop premises. This car was passed on to him by his grandparents and was a family heirloom, to which he and family were deeply attached. They cannot touch vintages under any circumstances. Subsequently he filed a W.P. in the Delhi High Court since Mr Khan had also captured footages.

The result of the High Court ruling was after hearing a bunch of similar petitions. The basis and logic of such quixotic moves by the contractor's men or the "overzealous enforcement team" fixes responsibility for which liability vests on the local govt's scrapping unit.

[TusharK]

The Delhi High Court has ordered the release of overage vehicles seized by the authorities on an undertaking by the owners to either permanently park them in private spaces or take them outside city limits.



As per the High Court order, owners must file an undertaking that the vehicles would not ply within city limits or be parked in public spaces. They would also have to provide evidence of the private parking space, either owned or leased. The court also asked the Delhi government to frame a policy to deal with vehicles whose owners were willing to give the undertaking.

Earlier, several petitioners had moved the Delhi High Court challenging the seizure of cars for violating a National Green Tribunal order barring the use of petrol vehicles over 15 years of age and diesel vehicles that were 10 years or older.

One of the petitioners said that her vehicle was of "deep sentimental value" to her. She had purchased the car in the year 2000 and planned to convert it into an electric vehicle.

Source: The Hindu

Link to Team-BHP News

[Turbanator]

It makes complete sense, logical decision. Should instruct RTO to give NOC for such vehicles (10-15 years) for other states without such restrictions.

[Oppanna]

A good move and also RTO should renew the fitness of older vehicles as long as they are well maintained and the pollution under control.

Majority of the indian's have sentimental value towards the vehicle they own/posses.

[mayankk]

What I always find surprising in this NGT order is the entitlement of it.
Indians have two major kinda luxury expenses in their life, a house and a car. Not even a luxury, considering our public transport. And it was just decided that one of these will only be allowed for 15 years, because, business. Please keep buying a new car every 15 years.

The current HC judgment has no impact on either keeping, or being able to sell your car. Its just status quo. You can keep it till it rots away in your private yard/space.

[StickShifter]

One of the petitioners said that her vehicle was of "deep sentimental value" to her. She had purchased the car in the year 2000 and planned to convert it into an electric vehicle.

I wonder if ICE to EV conversions are permitted in NCR as per law. If they are, what I wouldn't give to have a Premier Padmini EV!

[Bhodrolok]

Good move. These can be kept within premises as long as the owners want for "sentimental reasons". However this whole thing about allowing them outside NCR makes it sounds as if clean air is the prerogative of NCR inhabitants only.

[skywalker18]

The pollution in north India(especially the NCR region) during the onset of winter (October onwards) is terrible. Stubble burning is a far bigger contributor to this pollution than vehicular pollution is, but the government does not do much to control the former since farmers are a big vote bank whereas vehicle buyers are not.

Also, it is likely that people in power including the tribunals dictating the rules are influenced by the automakers lobby.

Also, I believe that such rules( petrol car- 15 years and diesel car- 10 years) will slowly be implemented in other metros/major cities citing increasing pollution and moving to cleaner vehicles.

[Samarth 619]

We're unfortunately in this big city world where recycling is preferred to, an engine upgrade in an existing chassis or converting to electric vehicle.

Good decision though. Well thought out policies need to be implemented, or we're just ending up making consumerism the default standard for living life.
Pensioners who drive for less than 2000 kms in an year don't deserve this treatment.

[GrammarNazi]

Originally Posted by mayankk

What I always find surprising in this NGT order is the entitlement of it.

They say that by the time we notice the effect of many wildly unreasonable & baseless arbitrary decisions, stealthily made by either the Govt itself, or by courts - veiled as judicial activism, financial interests would've long changed hands.

The current HC judgment has no impact on either keeping, or being able to sell your car. Its just status quo. You can keep it till it rots away in your private yard/space.

Vast majority of these old cars are being kept to simply reserve a parking spot on public streets. If they're removed, they'll be replaced by another cheaper car that's less than 15 years old.

Indians have two major kinda luxury expenses in their life, a house and a car. Not even a luxury, considering our public transport. And it was just decided that one of these will only be allowed for 15 years, because, business. Please keep buying a new car every 15 years...

Vehicle registration was originally for lifetime. There is a history behind this arbitrary 15 year rule - something about a person who wanted to sell Maruti a pollution control device, but Maruti didn't bite so the person lobbied for to the Govt to limit the validity of registration to 15 years.

Here's a part of the story: link (Scrap all 15-year old vehicles in West Bengal, says NGT).

Having been on a few Indian Auto forums for the past 12-13 years, have often come across nuggets that explain alot of strange anomalies about how the auto-industry operates, that earlier made me wonder why car-makers were often incredibly petty & stingy in certain aspects, almost to the point of being gravely deceitful.

[mayankk]

Originally Posted by GrammarNazi

They say that by the time we notice the effect of many wildly unreasonable & baseless arbitrary decisions, stealthily made by either the Govt itself, or by courts - veiled as judicial activism, financial interests would've long changed hands.

.

But that precisely is what this wasn't.
It was passed, in a manner of speaking, in the middle of the night. The very next day, every affected car owner was up in arms, forums were formed, cases were filed.

But all scientific evidence that countered this was ignored. Made-up/half-assed scientific evidence that supported the decision was decreed to be the edict.

The courts went as far as saying that any more questioning of this is illegal going forward. A "I've decided, so you shut up" kind of air around the whole thing. But you still continue paying tax for 15 years because there is something in the courts between the govt and the NGT ongoing (as of 2022 I am aware, dont know what's happening today)

[abaliga]

I am completely for getting rid of vehicles that pollute a lot, however, blanket ban is not at all a solution, so many developed countries that have pledged to stop ICE sales by the end of the decade also dont enforce these types of diktats, we need to debate and consider the following

- Fully computerized emission tests for all vehicles including transport, set up high standards of emission levels and let owners make OEM supported changes to reduce pollution on vehicles that dont qualify
- Vehicles above the 10 and 15 year life spans should also undergo fitness checks
- Cap the no of kilometers that one can drive in a year on vehicles that pollute more, not easy to implement, but can be done considering many enthusiasts want to retain old cars that are maintained well, especially for emotional reasons

I recently checked the PUC print out of our 14 year old i10, the readings were at less than 10% of the acceptable limit, unless I am missing something, this should be a reason enough for many who want to retain their well maintained cars beyond the 15 year mark and should be taken up in courts, not sure who can fight this out as the goverments and OEMs want more revenue and most of the car buying population in the country is focussed on making ends meet

[steadfast]

Ha ha . Mockery of a situation . Indirectly it means people will use their old cars for daily errands. Judges lack common sense at times . This is not a decisive call this is just a loophole to carry on with older cars. Either scrap the rule or have a blanket ban nothing in middle .
I lost my reliable Polo due to this nonsense ngt rule :(