In a significant interim relief for lakhs of vehicle owners across the National Capital Region (NCR), the Supreme Court on Tuesday ordered that no coercive measures should be taken against owners of 10-year-old diesel vehicles and 15-year-old petrol vehicles while it considers a review petition filed by the Delhi government.
The direction came from a three-judge bench led by Chief Justice of India (CJI) B. R. Gavai, along with Justices K. Vinod Chandran and K. V. Anjaria. Issuing a notice on the Delhi government’s plea, the bench said:
In the meantime, no coercive steps are to be taken against the owners of the car because they are 10 years old in respect to diesel vehicles and 15 years concerning petrol vehicles.”
Background of the Ban
The controversy dates back to 2015, when the National Green Tribunal (NGT), in a bid to combat Delhi’s worsening air pollution, ordered that diesel vehicles older than 10 years and petrol vehicles older than 15 years should be completely barred from operating in Delhi-NCR.
This measure, aimed at curbing vehicular emissions, was upheld by the Supreme Court in 2018. However, over the years, the ban has faced criticism for being a blanket measure that does not account for a vehicle’s actual emission levels or roadworthiness.
Delhi Government’s Stand
In its July 25 application, the Delhi government argued that while the ban was introduced with noble environmental goals, it has caused “numerous practical hardships” for citizens — especially those whose vehicles remain in good condition and comply with emission norms.
The plea stressed that vehicle age alone is not a scientific or fair basis to determine pollution potential. Instead, actual emission levels, mileage, regular fitness tests, and even retrofitting options such as CNG or electric conversions should be considered before a vehicle is taken off the road.
The application stated: The road-worthiness of a vehicle is a technical and scientific issue that must be linked to actual emissions as tested and recorded under the Motor Vehicles Act and the Central Motor Vehicles Rules, rather than an age-based blanket ban unlinked to real emission data.”
It further noted that significant technological and policy advancements have taken place since the 2018 order, including:
- The shift from Bharat Stage IV (BS-IV) to Bharat Stage VI (BS-VI) engines, which have stricter and more advanced emission norms.
- Wider Pollution Under Control (PUC) testing coverage and stricter enforcement of emission standards.
- The availability of cleaner fuels and greener retrofitting technologies.
Call for a Scientific Review
The Delhi government has urged the apex court to direct the Union government or the Commission for Air Quality Management (CAQM) to conduct a broad-based, scientific study on whether such an age-based ban remains necessary in today’s context.
It has also suggested replacing the existing blanket prohibition with a graded, data-driven policy framework that:
- Identifies genuinely polluting vehicles through scientific testing.
- Allows well-maintained and low-emission vehicles to continue operating regardless of age.
- Balances environmental protection with citizens’ rights and economic realities.
The state’s petition further pointed out that the original ban was conceived as an emergency measure during a time when BS-IV vehicles were still the norm, and India had not yet transitioned to BS-VI. Given the cleaner technology now in place, it is argued that a re-examination of the policy is both logical and necessary.
Next Steps
The matter will now be heard in detail as part of the review proceedings. Until then, owners of affected diesel and petrol vehicles in Delhi-NCR will enjoy protection from prosecution or vehicle seizure based solely on the age criterion.
The case also touches upon the larger debate between environmental urgency and technological fairness — and whether India’s approach to tackling vehicular pollution should evolve to reflect advances in science and emissions monitoring.
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