Supreme Court upholds ban on luxury diesel cars and SUVs in Delhi

The Supreme Court today upheld the temporary ban on sales of luxury diesel cars and SUVs in Delhi- NCR after it heard the plea by automobile manufacturers seeking modification of its December 2015 ruling.

The Supreme Court order prohibits the sale and registration of diesel cars with engine capacity of 2000cc and above in the region, stating that these vehicles are prone to cause higher pollution levels and are used by the affluent sections of society.

Senior counsel Abhishek Manu Singhvi, Kapil Sibal and Gopal Subramaniam represented Mahindra & Mahindra, Mercedes-Benz India and Toyota Kirloskar Motor in front of an apex court bench headed by Chief Justice TS Thakur.

They argued in court that larger cars and SUVs are not as damaging for the environment as believed,  that internationally diesel cars are becoming the norm, and that large cars like Boleros and Sumos are used by the common man and in rural areas.

However, the judges today disagreed, but asked the manufacturers to furnish documentary evidence to prove their claim. "Which class of people are using 2000cc vehicles? It's used by the rich only. You are saying diesel vehicles pollute less. So are your vehicles emitting oxygen?" the judges reportedly said in reply.

Apart from continuing the ban on sale of luxury diesel cars and SUVs, the apex court also restricted transit entry for heavy commercial vehicles into Delhi from four more points: NH 2, NH 10, NH 58, and State Highway 57. The ban will be applicable to vehicles not bound for Delhi.

On December 16, 2015 the Supreme Court had banned the transit entry of trucks and commercial vehicles into Delhi at two entry points – via NH 1 and NH 8 – that is from Karnal Road and the Jaipur-Delhi highway. Now the ban will include entry points like Loni, Ghaziabad and Faridabad.

In its previous order the court had also directed a 100% hike in the environment compensation charge (ECC) for light and heavy commercial vehicles entering Delhi. The court had also said no commercial vehicle registered prior to 2005 will enter Delhi and all taxis will have to switch over to CNG by March 1.

The SC had, however, exempted new commercial light duty diesel vehicles saying that they can continue being registered in Delhi on account of the public’s dependence on such vehicles for the supply of essential items.