No coercive action against owners of old petrol, diesel cars in NCR: Supreme Court

The Supreme Court of India today ordered no coercive action against owners of 10-year-old diesel and 15-year-old petrol vehicles plying in the Delhi NCR region.

Issuing notice on a plea moved by the Delhi government, a Chief Justice of India B R Gavai led bench ordered today, “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.”

Last month the Delhi government moved an application before the Supreme Court of India asking it to reconsider its 2018 end-of-life vehicle ban whereby the National Capital Region is required to phase out petrol vehicles that are over 15 years old and diesel vehicles that are over 10 years old.

The application stated that these age-based standards disregard advancements in vehicle emissions technology and current roadworthiness.

Court has further been asked to direct the Union Ministry of Road Transport and Highways and the Commission for Air Quality Management (CAQM) to conduct a comprehensive scientific study on the actual environmental benefits of an age-based vehicle ban; feasibility and fairness of such a blanket restriction across vehicle categories and technologies; and whether such a policy of banning vehicles based on their age meaningfully contributes to improved air quality in NCR, as compared to targeted pollution emissions-based measures.

This application which has been filed under the MC Mehta vs. Union of India case submits that owners of well-maintained vehicles are unfairly burdened by the ban, which is imposed without taking maintenance, usage patterns, or PUC compliance into account.

As per the application, this approach does not align with the objective of reducing pollution and that middle class is particularly impacted by the directive. Emphasises has been laid on many nations, like US, Japan, and EU countries which favour targeted pollution regulations and frequent testing systems over outright bans.

"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. It is submitted that as will be detailed hereinafter, 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 with the issue of pollution....", the application states.

It has further been argued that there are various sources of air pollution in Delhi, apart from vehicular pollution."Other significant contributors include: Stubble burning, Biomass Burning, Road and construction dust, Industrial emissions, Weather and meteorological factors. As per the Commission for Air Quality Management, the percentage contribution of the said sources to the air quality of Delhi varies significantly depending on the season. The Commission for Air Quality Management in its ‘Policy to Curb Air Pollution in the National Capital Region’ adopted in July 2022 has stated “These studies show that there is considerable seasonal variation in the relative contribution of pollution sources between winter and summer.” It is thus respectfully submitted that a scientific analysis, and cost benefit analysis of phasing out vehicles on the basis of age would be an appropriate approach.", the court has been told.