Transport Department Ignores The Orders of NGT With An Arbitrary Decree

Delhi Transport department officials are not serious about obeying the orders of the NGT to remove old vehicles from the roads. In the case of the scrapping of old vehicles, an arbitrary review was issued. It was such an order which created a strange dilemma. Perhaps this is the reason why Transport Commissioner Ashish Kundra is still trying to deny the existing vital facts in this matter. He claims that no company has got a stay and 5 out of 8 centers in Delhi have already shifted to the new system.

The Delhi Transport Department has arbitrarily canceled the licenses issued under the motor vehicle scrapping policy prepared on the orders of the NGT. Since, all these scraping units are out of Delhi, it has been claimed that this had to be done in accordance with the new policy of the central government to dispose of old vehicles. Because under this policy, a registered scrap license dealer in a state will have to set up a scrapping unit in that state. But the reality is that there is no such condition in the new policy of the Centre. In such a situation, the functioning of the Transport Department has come under the scanner.

The plan was chalked on the orders of NGT

In Delhi, on 24 August 2018, upon the orders of NGT, the policy of scrapping of old motor vehicles was prepared in Delhi. Under this, a total of eight companies had gotten the license for the scrapping of vehicles. It was also clear in the policy that the license holder can set up units in the NCR area as well. Since there were many difficulties in getting no-objection certificate related to pollution for setting up units in Delhi, all these companies did not set up their units in Delhi.

Cncelled all licenses

But on January 18, the Transport Department canceled all the eight licenses by giving new guidelines of the Central Government. The reason given is that now the company taking the scrapping license will have to set up the unit in the same state. But it is not written anywhere in the guidelines of the Center. Rather, Section 8 (X) of the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility Amendment) Rules, 2022, notified in March 2022, mentions that the scrap unit can scrap a vehicle registered in any state.

The handiwork of a special commissioner

If departmental sources are to be believed, a special commissioner has created the entire drama. After January 26, he also tried to get some scrap dealers from Uttar Pradesh to authorize them to pick up old vehicles in Delhi. But it could not be implemented due to the apprehension of increasing legal disputes. On the other hand, Pineview Technology, a license holder company, also filed an appeal in the High Court against the arbitrary decree of the transport department. After which the court has ordered the Transport Department not to take any action against the company until the report of the company is settled within eight weeks. This is the reason why that company is still confiscating old vehicles for scrapping them.

Contempt action can be taken in NGT

According to an official of the Transport Department itself, in the policy made by the Central Government, the vehicle owners have to get the vehicle scrapped as per their wish. Whereas in Delhi, this policy was made on the basis of the order of NGT for the prevention of air pollution. After this, in addition to Transport Department and Traffic Police, Delhi Municipal Corporation, New Delhi Municipal Council and Delhi Cantonment Board were also empowered to seize old vehicles. All these departments hand over the seized vehicles to the scrapping unit. If the department had to take any step in this matter, then permission should have been taken from NGT.

How will the unit be set up in Delhi?

The Transport Department is claiming that it will invite applications for a fresh scrapping unit license. But how will scraping units be set up in Delhi? The Transport Department has made a mandatory provision of minimum one thousand square yards of land for the scrapping unit. But in reality, a minimum seven to ten thousand yards plot is required for the scraping unit. The biggest thing is that this unit can be established only in the existing 24 conforming industrial areas in Delhi and at present plots of one and a half to two acres are not available in these areas of Delhi.

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Here is the real problem

In fact, till 2018, the scraping unit was included in the red category under the pollution-related parameters which was later changed to Orange. According to sources, the Transport Department had pressurized the Delhi Pollution Control Committee (DPCC) to allow scraping units to be set up in notified areas. But keeping in mind the sword of NGT, DPCC refused to allow it.