The Supreme Court has barred authorities from taking action against petrol cars over 15 years old and diesel cars over 10 years old.
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The Supreme Court has barred authorities from taking action against petrol cars over 15 years old and diesel cars over 10 years old.
Coming as a huge relief to owners of thousands of cars in the Delhi National Capital Region (NCR), the Supreme Court on Tuesday instructed police and other enforcement agencies not to resort to coercive measures against the owners of petrol cars more than 15 years old and diesel cars more than 10 years old.
The interim order, passed by a Bench presided by Chief Justice of India B.R. Gavai, effectively suspends the enforcement of a 2018 apex court prohibition that kept such vehicles from plying on the roads in the NCR.
Also Read: Delhi’s Vehicle Age Ban Under Fire as RTI Confirms No New Pollution Study
The roots of the controversy date back to October 2018, when the Supreme Court imposed a blanket ban on petrol vehicles over 15 years old and diesel vehicles over 10 years old in the Delhi-NCR region. The order, aimed at reducing the area’s acute air pollution, was implemented without regard to vehicle fitness or emissions.
Private vehicle owners were to be deregistered immediately on reaching the cut-off age, while commercial usage of the same vehicles over the limit was permitted in some situations. The ban triggered large-scale police raids and impoundment of vehicles found to be in contravention.
Also Read: No Fuel For End-Of-Life Petrol And Diesel Vehicles In Delhi From July 1
Argued by Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati, the Delhi government said that the regulation impacted private owners disproportionately without imposing itself equally on commercial operators.
The government underscored that various developments since 2018 have made a huge difference to emission control:
They also pointed out that the emissions and roadworthiness of a vehicle must be decided based on scientific testing under the Motor Vehicles Act and Central Motor Vehicles Rules, not an age-based blanket prohibition.
Also Read: Delhi CM Rekha Gupta Urges Supreme Court to Review Ban on End-of-Life Vehicles
ASG Bhati informed the court that the ban, while "salutary in aim," had imposed tough practical hardships on Delhi citizens, particularly the elderly and poor who could not afford substitutes.
Bhati also requested the court to order the Union government or the Commission for Air Quality Management (CAQM) to carry out a thorough scientific study on whether the total ban is still needed in the context of contemporary emission control technology.
Also Read: Supreme Court to Hear Crucial Plea on End-of-Life Limits for BS VI Vehicles in NCR
Concurring to further investigate the issue, the Supreme Court's interim order prevents authorities from seizing or penalising owners of vehicles past the age limit. The halt will be in effect until the issue is decided after more hearings.
The order doesn't repeal the 2018 ban definitively but suspends its enforcement, effectively keeping such vehicles operational legally for the moment.
The ruling directly favours owners of older cars who, to date, have been in jeopardy of fines, impoundment, or deregistration. For most, particularly middle-class and senior citizens, the verdict means the avoidance of the expensive replacement of a working vehicle that meets pollution standards. Nevertheless, the order did not state anything about the fate of the cars that were already deregistered or scrapped to date.
Also Read: Delhi Rolls Out Fuel Ban for Older Cars—Is Your Vehicle Affected?
It also paves the way for a policy change to emission-based regulation instead of age-based restrictions, a move which could set an example for other states and urban areas with similar prohibitions.
But environmental activists are likely to grumble that easing the ban would dilute efforts to curb vehicular emissions, particularly during heavy pollution months in the NCR.
The Supreme Court has yet to announce a final date for deciding on the merits of the ban. Meanwhile, the Delhi government's plea for a scientific re-look is likely to be heard, with CAQM's role most likely to be the pivot in framing a new regulatory framework.
Until a final judgment, the owners of over 15-year-old petrol cars and 10-year-old diesel cars are legally permitted to run them in Delhi-NCR without any action from the police, as long as they meet other road fitness and emissions standards.
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