Supreme Court Reinstates Ban on Older Vehicles in Delhi-NCR

The Supreme Court has modified its earlier order to allow authorities to take action against 10-year-old diesel vehicles and 15-year-old petrol vehicles that do not meet BS-IV emission standards in the National Capital Region, according to CNBC.

The ruling modifies the court's August 12 order, which had barred coercive action against owners of such vehicles, CNBC reported. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order at the request of the Delhi government, which sought action against older vehicles amid the air quality crisis in the national capital.

The court clarified that protection from coercive action will apply only to BS-IV and newer vehicles, even if they exceed the age limits. This means diesel vehicles older than 10 years and petrol vehicles older than 15 years that meet BS-III or lower emission standards can now be subject to enforcement action, including impoundment and fines.

The modification came after the Commission for Air Quality Management filed an application seeking changes to the August order. CAQM submitted that blanket protection had made it difficult for state authorities to act against higher-polluting vehicles. The commission stated that around 93 per cent of the 2.88 crore vehicles on the road in Delhi-NCR are light motor vehicles, and amongst them about 37% run on BS-III or even older engines.

These older vehicles emit between 2.5 and 31 times more particulate matter compared to recent models compliant with BS-IV and above, according to CAQM's submission to the court. Additional Solicitor General Aishwarya Bhati told the court that older vehicles have poor emission standards and are adding to pollution.

The ban traces back to a 2015 National Green Tribunal directive to combat pollution in Delhi-NCR. The NGT direction was upheld by the Supreme Court in 2018. The August 12 order had provided temporary relief to vehicle owners, but the deteriorating air quality situation prompted authorities to seek its modification.

The order takes effect from December 18. Delhi's air quality has remained in the "very poor" category, with Stage-IV of the Graded Response Action Plan currently in force across the NCR. The court also addressed related pollution control measures, including examining toll plaza relocations to reduce congestion at Delhi's borders.