1 wp-9263-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9263 OF 2010 Dilip Nagesh Bodake .... Petitioner vs 1 The State of Maharashtra & ors. .... Respondents Ms. A. P. Madhuri for the petitioner. Mr. S.R. Nargolkar, Additional Government Pleader for respondents. CORAM: DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA, JJ. DATE : February 02, 2011 P.C.: The heavy vehicle belonging to the Petitioner bearing registration no. MH-12-RA-400 was registered in 1997 with the R.T.O., Pune. When the vehicle entered the limits of the city of Mumbai in November 2010, it was seized on the ground that there was a violation of a prohibitory order passed by this Court in a public interest litigation not to ply vehicles which are more than 8 years old on the roads within the local limits of the city of Mumbai. 2 wp-9263-10.sxw 2 On behalf of the Petitioner, it has been contended that the vehicle had crossed the eight year limit and the Petitioner was not aware of the prohibitory order. The attention of the Court has been drawn to several orders passed by Division Benches of this Court by which vehicles have been ordered to be released subject to the payment of an amount with the RTO, to be deposited in turn with the Chief Minister’s Relief Fund. This Court also recorded the undertaking that the vehicle will not be plied in Mumbai and shall be taken out of the limits of the city. 3 Having perused the orders passed by this Court in previous cases, we are of the view that a similar order may be passed in the present case, subject to an enhancement of the amount to be deposited. The prohibitory order is intended to serve the public interest of ensuring that polluting vehicles do not ply in the city of Mumbai. Unless the amount of deposit, which was originally fixed several years ago, is suitably enhanced, there would be no deterrent to breaches of the orders passed by Division Benches. In the circumstances, conditional on the Petitioner depositing with the Third Respondent an amount of Rupees thirty thousand within a period of 3 wp-9263-10.sxw two weeks from today and filing an undertaking that the vehicle will not be allowed to ply within the limits of Greater Mumbai, the Third Respondent shall release the vehicle only for taking it out of the limits of Greater Mumbai. The Third Respondent shall, upon the deposit of the amount in turn deposit the amount with the Chief Minister’s Relief Fund. 4 The Petition is accordingly disposed of. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (DR.D. Y. CHANDRACHUD,J.)