SRINAGAR: The Jammu and Kashmir High Court’s judgment in Case WP(C) 669/2021 titled Zahoor Ahmad Bhat vs. Govt of J&K and Ors, regarding the re-registration of vehicles from outside Jammu & Kashmir, has been implemented by the Transport Department. As a result, the contempt petition (CCP (D) 16/2021) filed against the Department officials for non-compliance with the judgment has been closed.
According to Shahnawaz Bukhari, RTO Kashmir, this issue was raised two years ago, and more than 99% of cases are pending where a seller outside the UT transfers a car to a buyer in Kashmir, and Section 50 of the MV Act is applicable. In the case of Zahoor Ahmad Bhat, who owned a car in Delhi and changed his residence to Kashmir, section 49 of the MVA is applicable, and a case has also been filed in the Supreme Court of India in this regard.
Bukhari explained that the department is taking 9% token charges proportionate to the remaining life of the car. If someone sells the car after 11 years of its life, the department would charge proportionately to the remaining life of the vehicle. He added that owners could claim a proportionate refund from the previous state/UT, so there is no question of double tax.
He further added that the department’s intention was to provide relief to the 99% of car owners entangled in this issue. The Division Bench of the High Court, comprising Chief Justice N. Kotiswar Singh and Justice Moksha Qazmi, issued the order closing the contempt proceedings on May 3, 2023, at the petitioner’s request. The Transport Department’s compliance with the court’s judgment dated April 29, 2021, in the petitioner’s case was noted, leading to the closure of the contempt proceedings.
The closure of the proceedings will put an end to the long-drawn legal battle and provide much-needed relief, especially to those who purchased cars for commercial purposes.
