In its decision the Himachal Pradesh High Court directed all Deputy Commissioners to file affidavits within two months regarding the disposal of unclaimed vehicles and other properties, which are idly parked on the roads causing traffic obstruction. The directions were issued by a division bench comprising Chief Justice Kurian Joseph and Justice Sanjay Karol during the hearing of a Public Interest Litigation registered suo motu by the court on a letter written by the residents of Boileauganj.
It was pointed out in the court that the vehicles seized on complaints were either not released to the parties or disposed of in accordance with law by the Police, Excise, Revenue and other departments even after the disposal of the complaints.
The matter pertained to a property of the Waqf Board in Boileauganj, permitted to be used by the Education Department as playground for students of the Government Senior Secondary School, Boileauganj. The playground was later rented out to the Police Department for placing unserviceable property. The court observed that the departments concerned including Police have no objection, in principle in making the ground available to the students and only required some place to keep the vehicles.
The court also issued an interim direction to the DC and SP, Shimla to identify an alternative place within a month for shifting of the vehicles. After shifting, the land would be made available to Education department for use by students at the same rent as it was let out to the Police department. The court also directed the SP, Shimla to see whether the vehicles actually pertained to pending cases and was asked to dispose of unclaimed vehicles.