A local court in Gurgaon has issued notices to two civil servants for allegedly failing to renew the registration of a 15-year-old vehicle. The notices were issued in response to a petition filed by advocate Mukesh Kulthia, who accused the officers of violating provisions of the Motor Vehicles (MV) Act and neglecting their statutory duties.
Kulthia filed a criminal complaint against the two officers, who served as Sub-Divisional Magistrates (SDMs) during the 2024-2026 period. He argued that the Motor Vehicles Act contains no provision banning or restricting the operation of old vehicles, and therefore, renewal cannot be denied arbitrarily. The complaint alleges that the public servants refused to perform their statutory duty by denying renewal of his car's registration without issuing any written order or providing reasons for the denial.
According to the petitioner, Section 45 of the MV Act mandates that the registering authority must provide an applicant, whose application for renewal of the certificate of registration is refused, a copy of such order along with the reasons for the refusal. The complaints were filed under various provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), including sections 33 (public to give information of certain offences), 210 (empowering first-class magistrates to take cognisance of offences), and 223 (disobedience to orders legally issued by public servants), as well as provisions of the Central Motor Vehicle Act and Rules.
While petrol cars older than 15 years and diesel vehicles older than 10 years are barred from plying on Delhi-NCR roads due to an order from the National Green Tribunal (NGT), this case brings the statutory position on vehicle registration renewal into focus. Under MV Act rules amended between 2019 and 2023, private vehicles are entitled to a 15-year registration period followed by a five-year renewal. However, the SDMs refused to process the complainant's renewal application.
The petition argued that the restrictions imposed by the SDMs violated the Central Motor Vehicles Act and its amendments of 2019, 2021, 2022, and 2023, specifically provisions governing vehicle life and registration renewal. Under Section 41, a vehicle's registration runs for 15 years and is renewable thereafter, while Section 46 makes that registration valid across India. Rule 52 provides for five-year renewal periods with fees prescribed under Rule 81. The petition also noted that Section 115 grants authorities powers to restrict vehicle use, but only through lawful means.
“The SDMs, being the registering authority, cannot refuse to renew the registration certificate of the car of the complainant without a valid law. The statutory provision of Rule 52 of the amended Central Motor Vehicle Act and Rule imposes an obligation upon the public servant to renew the registration certificate of the complainant’s car as his public duty,” the petitioner said.
Additional Sessions Judge Amit Gautam, while hearing the revision petition, issued notices to the two officers, requiring their appearance on May 7. Meanwhile, the Ministry of Road Transport and Highways has directed the SDMs to renew the vehicle’s registration certificate, noting that the prescribed fee had been duly deposited.
