Ban on overaged vehicles: No coercive steps to be taken while SC hears review plea
Issuing notice on the plea, a three-judge bench presided by Chief Justice of India B R Gavai said, 'In the meantime, no coercive steps to be taken against the owners of the car on the ground that they are 10 years old in respect to diesel vehicles and 15 years old with respect to petrol vehicles.' The bench also comprised Justices K Vinod Chandran and N V Anjaria.
As part of efforts to combat air pollution, the National Green Tribunal had in 2015 directed that diesel vehicles older than 10 years and petrol vehicles older than 15 years should not be allowed to operate in Delhi NCR. This was upheld by the Supreme Court in 2018.
Recently, the Delhi government had approached the Supreme Court seeking a review of the order saying the blanket ban on old vehicles 'was observed to have caused numerous practical hardships to the citizens of Delhi'.
In its application dated July 25, the Rekha Gupta government had argued that '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, etc., as opposed to blanket ban on the basis of age which is unlinked to actual emissions'.
It added that the ban on the plying of the said vehicles in the last seven years, 'though undoubtedly salutary in aim, was observed to have caused numerous practical hardships to the citizens of Delhi, which today, in light of the advancements in technology and enforcement now prima facie appear to outweigh the prudence and feasibility of continuance of the said ban'.
The plea further urged the court to direct the Centre or the Commission on Air Quality Management (CAQM) 'to carry out a suitable broad based, scientific study on the need for continuance' of the complete ban imposed by the Supreme Court's October 29, 2018, order.
The government said the complete ban order 'was originally passed as an emergency measure during a period when Bharat Stage IV (BS-IV) emission standards were in force and the migration to Bharat Stage VI (BS-VI), which has much stricter and advanced norms, had not yet commenced'.
It added, 'However, it is submitted that to tackle the issue of pollution in the NCR region, a comprehensive policy is required which gives vehicle fitness based on the actual emission levels of an individual vehicle as per scientific methods rather than implementing a blanket ban based on solely the age of the vehicle.'
The government said that significant technological, legal, and environmental developments have taken place since 2018, which warrant a 're-examination of this decision' by an expert body to form a structured and graded plan to tackle pollution.
The state said that since the issue of Delhi's air quality is not confined solely to the National Capital Territory but rather to the broader NCR, it is submitted that 'it would be appropriate if suitable scientific studies on the feasibility, desirability and efficacy of continuing the said ban are carried out' at the level of the Union government or the CAQM.
The Delhi government's attempt to stop fuel supply to end-of-life vehicles had met with hurdles soon after it came into effect in the Capital on July 1. Citing 'critical operational and infrastructural challenges', it had asked CAQM to put the fuel ban 'on hold with immediate effect.'
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