The Delhi High Court declined to entertain a plea challenging the Delhi government’s December 17 notification restricting the entry of non-Delhi-registered BS-IV vehicles during GRAP, noting the measure was aimed at addressing air pollution and the Supreme Court is already seized of the issue.
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NEW DELHI: The Delhi High Court has declined to entertain a plea challenging the Delhi government’s December 17 notification that restricts the entry of non-Delhi-registered BS-IV vehicles into the national capital during the operation of the Graded Response Action Plan (GRAP).
The Court observed that the notification was issued as a preventive measure to curb air pollution in Delhi, which continues to pose a serious public health concern.
Justice Sachin Datta, while disposing of the petition, noted that the Supreme Court of India is already seized of ongoing proceedings relating to air quality management in Delhi and the National Capital Region (NCR). The apex court has also passed detailed and comprehensive orders on similar regulatory and environmental issues.
In light of this, the High Court found it inappropriate to intervene or run parallel proceedings on the same subject matter.
The Court relied on the approach previously adopted by a Division Bench of the Delhi High Court, which had refrained from interfering in matters where the Supreme Court was already examining broader environmental and pollution-related concerns.
Justice Datta emphasized that judicial discipline requires courts to avoid overlapping or conflicting rulings when the apex court is actively monitoring the issue.
The High Court declined to grant any interim relief against the enforcement of the notification, effectively allowing the restrictions on non-Delhi-registered BS-IV vehicles to remain in force during periods when GRAP measures are implemented.
While disposing of the petition, the Delhi High Court granted liberty to the petitioner to approach the Supreme Court, which is currently adjudicating the wider issue of air pollution control in the capital.
Background: GRAP and Vehicle Restrictions
The Graded Response Action Plan (GRAP) is a set of emergency measures enforced in Delhi during severe air pollution episodes. It includes restrictions on vehicle movement, construction activities, and industrial operations, aimed at preventing further deterioration of air quality.
The December 17 notification forms part of these efforts by limiting the entry of older, more polluting BS-IV vehicles from outside Delhi during GRAP enforcement periods.
Measures Covered in the Notification
1. Restriction on Entry of Non-BS VI Vehicles
- Vehicles registered outside Delhi that do not meet BS-VI emission standards are prohibited from entering the city while GRAP Stage III/IV restrictions are in force.
2. “No PUCC, No Fuel” Enforcement
- Petrol, diesel, or CNG **fuels may only be dispensed to vehicles that produce a valid Pollution Under Control Certificate (PUCC) at fuel stations, part of stricter emission control.
3. Fuel Refusal for Non-Compliant Vehicles
- Fuel pumps must refuse petrol/diesel/CNG service to vehicles that lack a valid PUCC, preventing them from servicing or circulating.
4. Exemptions & Essential Services
- Certain vehicles, such as electric vehicles (EVs), CNG vehicles, public transport, vehicles carrying essential goods or services, are exempt from the restrictions while staying compliant with safety and emission norms.
5. Enforcement Through Entry Points
- Restrictions are enforced at all major gateways into the National Capital Territory, with checks on vehicle registration and emission certificates to ensure compliance.
These measures coincide with the enforcement of GRAP Stage IV, which triggers progressively stricter actions, including vehicle bans, construction halts, hybrid schooling, and work-from-home mandates, when air quality reaches severe plus categories.
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