The Supreme Court has stopped authorities from taking action against diesel cars over 10 years old and petrol cars over 15 years old in Delhi, pending review of its 2018 ban. The matter will be heard again in four weeks.
New Delhi: On August 12, the Supreme Court of India gave temporary relief to vehicle owners in Delhi by ordering that no strict action should be taken against those who own diesel vehicles more than 10 years old and petrol vehicles more than 15 years old.
This order was passed in the ongoing case by a Bench headed by Chief Justice of India BR Gavai, along with Justices K Vinod Chandran and NV Anjaria.
The Court said,
“Issue notice returnable in 4 weeks. In the meantime no coercive steps to be taken against the owners of cars on the ground that they are 10 years old in respect to diesel vehicles and 15 years old with respect to petrol vehicles.”
The matter will be taken up again after four weeks.
During the hearing, the Bench also made an oral remark, stating,
“Earlier, one used to use cars for 40-50 years. Now still vintage cars are there…”
This direction was given while hearing an application filed by the Delhi government seeking a review of the Supreme Court’s 2018 order, which had banned diesel vehicles older than 10 years and petrol vehicles older than 15 years in the National Capital Region (NCR) as a pollution control measure.
In its application, filed as part of the MC Mehta v. Union of India case, the Delhi government argued that the 2018 directive was not based on any scientific study or environmental impact assessment.
It pointed out that after 2018, several stricter pollution control measures have been implemented, such as a stronger Pollution Under Control (PUC) certificate system and the mandatory adoption of Bharat Stage-VI (BS-VI) emission standards from 2020.
The application said,
“Bharat Stage VI engines are significantly less polluting … if the order of this Hon’ble Court dated 29.10.2018 continues to operate, it will result in road worthy, non-polluting BS-VI vehicles also going off the roads in a matter of a few years without a scientific basis for the same.”
It also stated that cleaner fuels are now available and that electric vehicles are being promoted as a way to control air pollution.
The Delhi government stressed that the 2018 ban has caused practical hardships to a large number of people who own vehicles that meet pollution norms but are being forced off the road simply due to age.
The government further noted that many of these vehicles are used very sparingly each year and therefore
“contribute very little to the overall pollution”.
It also pointed to the negative effect on the second-hand car market, which is often the only affordable option for lower-income families wanting to buy a four-wheeler.
Solicitor General Tushar Mehta, representing the government, highlighted the unfairness of the ban through an example:
“I have a vehicle. I use it for going from court to home and back to court. After 10 years it will be 2000km. Somebody uses it for taxi, in 2 years it will be 1 lakh km. So my vehicle I have to sell because 10 years have passed but that 1 lakh km run vehicle will continue running. There has to be no coercive steps because the police is under an obligation to seize the vehicles.”
After hearing the Solicitor General’s arguments, the Supreme Court decided to protect vehicle owners from immediate action and ordered that no coercive steps be taken against them until the matter is heard again.
Case Title:
MC Mehta vs. Union of India
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