No coercive steps against owners of diesel/petrol vehicles older than 10/15 years in Delhi-NCR: SC

In a huge relief for owners of diesel/petrol vehicles older than 10/15 years in Delhi-NCR, the Supreme Court on Tuesday ordered that no coercive action can be taken against them.

“We direct that no coercive steps be taken against the owners on the ground that vehicles are 10 years old in respect of diesel vehicle and 15 years old in respect of petrol vehicles," a Bench of Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria said.

The order came on the Delhi Government’s plea seeking recall of its October 29, 2018, order for a blanket ban on all diesel and petrol vehicles older than 10 years and 15 years, respectively, in Delhi-NCR after Solicitor General Tushar Mehta urged the top court to order that no coercive action would be taken against the old vehicle owners.

"I have a vehicle. I use it for going from court to home and back to court. After 10 years it will be 2,000 km…Somebody uses it for taxi…In two years, it will be 1 lakh km. So, my vehicle… I have to sell it 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 are under an obligation to seize the vehicles," Mehta told the Bench.

"Earlier, one used to use cars for 40-50 years. Now, vintage cars are still there…" the Bench commented.

Issuing notice on the Delhi Government’s plea, the Bench posted the matter for further hearing after four weeks.

The Delhi Government has contended that instead of age-based restrictions, emission-based criteria should be followed to judge roadworthiness of vehicles, it said, seeking recall of the court’s October 29, 2018, order that upheld the National Green Tribunal’s (NGT) directive on the issue.

Maintaining that a comprehensive policy was required to tackle pollution in Delhi-NCR, the Delhi Government said vehicle fitness based on actual emission levels of individual vehicles as per scientific methods should be followed rather than implementing a blanket ban based solely on age.

"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," the plea contended.

A comprehensive study by the Centre and the Commission of Air Quality Management (CAQM) in the National Capital Region (NCR) and adjoining area to assess the actual environmental benefits of age-based restrictions versus emission-based criteria was needed, it submitted.

Earlier, the top court had directed the Transport Departments of states in the NCR that all diesel vehicles older than 10 years and all petrol vehicles older than 15 years shall not ply as ordered by the NGT.

“All vehicles, diesel or petrol, which are more than 15 years old shall not be permitted to ply on the roads and wherever such vehicles of this age are noticed, the authorities concerned shall take appropriate steps in accordance with law, including seizure of the vehicles in accordance with the provisions of the Motor Vehicle Act.

“The Delhi Government says it won’t scrap old vehicles; cites public backlash, systemic challenges. The vehicles which are more than 15 years old, will not be permitted to be parked in any public area and they shall be towed away and challenged by the police in accordance with the law. This direction would be applicable to all vehicles without exception whether commercial or otherwise,” the NGT had said in its November 26, 2014, order.