New Delhi, The Delhi High Court has rejected a man’s plea seeking over ₹ 1 crore as compensation from the city administration for the alleged unjust seizure and scrapping of his end-of-life motorcycle.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia dismissed the vehicle owner’s appeal challenging a single judge’s decision not to grant him the relief. The court observed that the seizure and scrapping of ELVs is governed by the RVSF Rules and its guidelines, which stipulate that ELVs found plying or parked in a public place would be impounded and handed over to a registered vehicle scrapping facility. In the judgment passed on August 24, the division bench refused to interfere with the single judge’s decision, which had asked him to approach a civil court with a suit instead.
However, in the present case, there was no material to demonstrate that the appellant availed of the mechanism for the release of his vehicle, the court noted. The court observed that the case concerned disputed questions of fact, and that the appellant’s alleged entitlement to compensation would have to be established by leading evidence. “For grant of compensation as claimed by the appellant, it would be necessary to determine whether the Respondent acted in conformity with the statutory framework governing the seizure, release and scrapping of ELVs.
It would also be required to determine whether the vehicle was lawfully seized and, thereafter, scrapped on account of the Appellant’s failure to furnish the requisite undertaking,” the court said.
