SUBHASH CHAND GUPTA v. GOVERNMENT OF NCT OF DELHI & ORS.
W.P.(C)/9275/2026 · 2026-07-13
Amit Bansal
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 11826 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11826 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(C) 9275/2026 p. 1 $~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9275/2026 & CM APPL. 43398/2026 SUBHASH CHAND GUPTA .....Petitioner Through: Ms. Roopa Nagpal, Mr. Vijay Kinger & Mr. Himanshu Kinger, Advocates. versus GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Astha Gupta, Advocate for R-1 &
2. Mr. Nishant Gautam, CGSC with Ms. Kavya Shukla, Mr. Vineet Negi, Mr. Vibhav V. Nath, Advocates & Mr. Shivam Kumar, GP. ASI Devender Singh, Parvi Officer, Traffic.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 13.07.2026 CM APPL. 43398/2026 (exemption)
1. Allowed, subject to all just exceptions. W.P.(C) 9275/2026
2. The present writ petition has been filed seeking a direction to the respondents to restrain the use of unauthorized modified vehicles in marriage functions and public events, which is in violation of the Motor Vehicles Act, 1989, and the rules framed thereunder. 3. The petitioner is the proprietor of Ashoka Band and is engaged in providing services during marriage functions. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/07/2026 at 12:09:32
W.P.(C) 9275/2026 p. 2 4. The grievance of the petitioner is that during marriage functions, the parties use extensively modified vehicles, including vehicles fitted with unauthorized steel structures, elevated platforms, hydraulic systems, heavy generators, electrical wiring, loudspeaker systems, lighting equipment and decorative installations, without obtaining statutory approval from the competent authorities. The petitioner submits that these modifications are in violation of Section 52 of the Motor Vehicles Act, 1989. 5. To be noted, the present petition has made general averments with regard to the violation of the aforesaid provision, without pointing out any specific instances, where the infringing activity has taken place. 6. In a Public Interest Litigation filed by this Court in W.P. (C) 6340/2017 and W.P. (C) 1498/2018, titled ‘Aarshi Kapoor v. Union of India’ this Court in its judgement dated 3rd May, 2023, had noted that there is already a mechanism in place for taking action against persons in violation of the Section 52 of the Act. 7. Paragraph nos. 8, 9 and 10 of the said order are set out below:
“8. In the considered opinion of this Court, there is already a mechanism in place for taking appropriate action against those persons who are violating Section 52 of the MV Act, and the same has been clarified by the Government of India by filing the reply. 9.
The Government of India has in fact issued a clarification and has brought to the notice of all Principle Secretaries (Transport) and Transport Commissions of all States/ Union Territories to take action against the violators of Section 52 of the MV Act in respect of the subject matter of the present PIL. 10. In light of the aforesaid, as the statutory provisions are already in place, the Respondent Union of India shall ensure strict compliance of the statutory provisions in respect of the violators in accordance with law.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/07/2026 at 12:09:32
W.P.(C) 9275/2026 p. 3 8. Having heard counsel for the parties, the present writ petition is
disposed of, while directing the respondents to take appropriate action and to ensure compliance with the statutory provisions of the Motor Vehicles Act,
1989.
AMIT BANSAL, J JULY 13, 2026 at This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/07/2026 at 12:09:32