Supreme Court Takes Action Against Polluting Vehicles in Delhi: What You Need to Know
Supreme Court's New Directive on Vehicle Emissions
New Delhi: On Wednesday, the Supreme Court granted permission for the Delhi government to implement strict measures against older vehicles that fail to meet Bharat Stage-IV (BS-IV) emission standards.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, revised an earlier ruling from August 12 that had imposed a blanket prohibition on taking action against diesel vehicles older than ten years and petrol vehicles older than fifteen years.
In response to a request from Additional Solicitor General Aishwarya Bhati, representing the Delhi government, the court clarified that the previous protection now only applies to vehicles that comply with BS-IV standards or higher.
This ruling was part of a series of directives issued during the ongoing MC Mehta air pollution case.
The court emphasized that while the August 12 ruling prevented action based solely on the age of vehicles, the exemption is strictly for those meeting BS-IV or newer standards.
Vehicles that do not meet BS-IV standards, including those classified as BS-III or older, may be subject to regulatory measures.
The bench stated, "The order dated August 12 is modified to the extent that no coercive steps shall be taken against owners of vehicles which are BS-IV and newer, merely on the ground that they are above 10 years old in case of diesel vehicles and 15 years old in case of petrol vehicles."
The ASG argued for the court's approval to take action against vehicles up to BS-III standards, citing their significant contribution to air pollution.
Bhati remarked, "Older vehicles have very poor emission standards and they are adding to pollution."
This argument was supported by senior advocate Aparajita Singh, who is assisting the court as an amicus curiae, noting that BS-IV norms were established in 2010, meaning vehicles manufactured before that date fall into more polluting categories.
Previously, a bench led by former Chief Justice BR Gavai had provided relief to owners of diesel vehicles over ten years old and petrol vehicles over fifteen years old in the Delhi-NCR region.
It had instructed authorities not to enforce coercive measures against these vehicles.
The Supreme Court was addressing a plea to reconsider its October 29, 2018, ruling that upheld a directive from the National Green Tribunal (NGT).
The apex court had mandated that transport departments in the NCR prohibit diesel vehicles older than ten years and petrol vehicles older than fifteen years from operating on roads, in accordance with the NGT's order.
The NGT had previously ordered that all diesel or petrol vehicles exceeding fifteen years in age should not be allowed on the roads, with appropriate actions, including vehicle seizures under the Motor Vehicle Act, for non-compliance.
The NGT's directive applied universally to all vehicle types, including two-wheelers, three-wheelers, four-wheelers, light vehicles, and heavy vehicles, regardless of their commercial status.
These measures were implemented in light of the escalating air pollution levels in the national capital and surrounding areas, particularly during the winter months.
The bench stated, "Issue notice, returnable in four weeks. In the meantime, we direct that no coercive steps be taken against the owners on the ground that vehicles are 10 years old in respect of diesel vehicles and 15 years old in respect of petrol vehicles."
The Delhi government had approached the Supreme Court to challenge the blanket ban on diesel vehicles older than ten years and petrol vehicles older than fifteen years, arguing that the ban left individuals with no choice but to sell their older vehicles.
The government highlighted that a vehicle used solely for commuting, which might only cover 2,000 kilometers over ten years, would still need to be sold due to the ban.
The plea also called for a comprehensive study by the Centre and the Commission for Air Quality Management (CAQM) to evaluate the actual environmental benefits of age-based restrictions compared to emission-based criteria.