Court halts coercive action against owners of overage vehicles
A Bench headed by Chief Justice of India B.R. Gavai, with this interim order, effectively stalled an October 2018 ban imposed by the apex court on plying vehicles which had crossed the age limits. Solicitor-General Tushar Mehta and Additional Solicitor-General Aishwarya Bhati, appearing for the Delhi government, said the ban operated for private owners while the same vehicle could be used for commercial purposes beyond the 10-year threshold. Mr. Mehta urged for a stay of the 2018 ban order to prevent the police from seizing them.
Hardships galore
'Over the course of the last seven years, the ban on plying these vehicles, though undoubtedly salutary in aim, was observed to have caused numerous practical hardships to the citizens of Delhi,' Ms. Bhati said. Advocate Charu Mathur took up the case of a senior citizen who would be forced to sell his car at scrap value, and would never be able to buy another.
Ms. Bhati, for the Delhi government, urged the court to direct the Union government or the Commission on Air Quality Management to carry out a 'broad-based, scientific study on the need for continuance of a complete ban'.
No blanket ban
'The road-worthiness of a vehicle is a technical and scientific issue that must be linked to actual emissions as tested and recorded by mechanisms as set out under the Motor Vehicles Act, the Central Motor Vehicles Rules as opposed to a blanket ban on the basis of age which is unlinked to actual emissions,' Ms. Bhati submitted.
Chief Minister Rekha Gupta hailed the Supreme Court's order and asserted that the court had accepted the government's petition. 'We will continue to firmly represent the interests of the people of Delhi by actively participating in the judicial process. This decision strengthens our resolve to balance environmental protection with public convenience as we work towards a developed Delhi,' ,' she said in a statement.
Environment Minister Manjinder Singh Sirsa described the order as a 'big relief' for the people of Delhi and the NCR. 'While we remain committed to cleaning Delhi's air, we will also ensure the rights of our citizens are safeguarded. We will succeed in protecting people's vehicles while also improving the city's environment and air quality,' he said in a video statement.'
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