New Delhi, May 3 (PTI) The Delhi Transport Department will be writing to minister Kailash Gahlot citing the Supreme Court and NGT orders regarding overage vehicles, after he directed the authorities to stop towing away of such vehicles that are parked, officials said on Wednesday.

In a letter to the department, Transport Minister Gahlot said vehicles, which have completed the age validity and are parked in Delhi, are being forcefully towed away by the enforcement teams of the department.

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The officials, privy to the development, said they will be writing to Gahlot, citing the orders of the Supreme Court and the NGT.

In 2018, the Supreme Court banned diesel and petrol vehicles older than 10 and 15 years, respectively, in Delhi. It had added that the vehicles plying in violation of the order would be impounded. A 2014 order of the National Green Tribunal bars vehicles older than 15 years to be parked in public places.

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"These orders will be cited in our communication to him and following the minister's directions, a call will be taken. The decision is likely to be taken next week," an official said.

According to another official, a meeting of the department was held on Wednesday and enforcement teams were directed to only seize vehicles that are being driven by people and hand them to scrappers.

"Enforcement teams have been asked not to seize parked vehicles for the time being till a final decision is taken," the official said.

Gahlot, in his letter to the department, said, "At the out-set, towing away of a parked vehicle is not mandated anywhere in law. The department is within its right to take action against a vehicle which is plying on the roads of Delhi but forcefully towing away a vehicle which is parked, is not allowed and needs to be discontinued forthwith."

Recalling that the matter was also discussed recently with Special Commissioner (Enforcement), he said the official "was directed in clear terms that towing away of parked vehicles should not be done as it is not only illegal but is also leading to chaotic situation in the city".

"I am surprised that in-spite of clear directions, Special Commissioner (Enforcement) has continued in his own way," he noted.

Gahlot cited a February 25, 2022 order issued by the Transport Department that said NOC, even for de-registered diesel vehicles which have completed 10 years but are less than 15 years old and also Petrol/CNG vehicles which are more than 15 years old can be issued for other states outside Delhi-NCR except for areas identified by states as restricted areas.

"Obviously, towing away a diesel vehicle which may be 10 years old but not completed 15 years is not mandated by the aforesaid order of transport department. Similarly, Petrol/CNG vehicles more than 15 years old can also be issued NOC for other states except restricted areas. It is clear that the aforesaid order of transport department doesn't allow for towing away of 10 to15 years old diesel vehicles and above 15 years old Petrol/CNG vehicles unless the same is found plying on the roads of Delhi," the letter noted.

The minister also said any legal dispute arising out of such instances, "where a vehicle has been towed away by the Enforcement Branch of Transport Department while in a parked condition, shall have to be defended by the officers concerned themselves and shall not be defended by the government".

The Transport Department had kicked off a drive on March 29 to send overage vehicles directly for scrapping. According to officials, 100 vehicles were being picked up every day. As part of the drive, the enforcement teams of the department were carrying out an intensive drive in a chosen area.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)