SC says no coercive action against 10-year-old diesel and 15-year-old petrol vehicles in Delhi-NCR, seeks Centre’s response on ban review

No coercive action should be taken against owners of 10-year-old diesel vehicles and 15-year-old petrol vehicles in Delhi-National Capital Region, the Supreme Court said, giving a breather to such owners.

A three-judge bench comprising Chief Justice BR Gavai and Justices Vinod K Chandran and NV Anjaria also sought response from the Centre and others on the Delhi government's application seeking lifting of ban on 10-year-old diesel vehicles and 15-year-old petrol vehicles in Delhi National Capital Region.

While challenging the blanket ban on such vehicles, the Delhi government said that the restrictions lacked scientific backing and a blanket age-based ban is outdated, pointing to Bharat Stage VI (BS VI) emission norms introduced in April 2020, which cut particulate matter emissions by up to 80% and nitrogen oxides by 70% compared to BS IV vehicles.


It separately also sought review of the SC’s 2018 order that banned 10-year-old diesel and 15-year-old petrol vehicles in Delhi-NCR. “If the 2018 order continues, roadworthy, non-polluting BS-VI vehicles may be forced off the roads in a few years without scientific justification," the application stated.

Terming the ban as arbitrary, Solicitor General Tushar Mehta, appearing for Delhi government, said that the ban on these vehicles need to be stayed as the police authorities will be under the obligation to start seizure of the vehicles.

He said that those who owned vehicles for personal use were required to sell them after their required time, but the same vehicle used for commercial activity could continue even after 10 and 15 years for diesel and petrol vehicles, respectively.

The Delhi government in its review petition also stated that a comprehensive policy was required to tackle pollution in Delhi NCR, which gives vehicle fitness based on actual emission levels of individual vehicles as per scientific method, rather than a blanket ban on overage vehicles. It sought a comprehensive study by the central government and the Commission for Air Quality Management in the National Capital Region and adjoining areas to assess the actual environmental benefits of age-based restrictions versus emission-based criteria.

It also highlighted that other major pollution sources, like stubble burning, construction dust, and industrial emissions, also need to be considered.

In 2015, the National Green Tribunal had directed that older vehicles should no longer be allowed to ply in Delhi National Capital Region. In 2018, the apex court upheld the tribunal's order. Thereafter, in July, the Delhi government came with a directive that end-of-life vehicles will not be supplied fuel at petroleum outlets. However, the direction was put on hold after a public backlash.