Delhi govt moves SC against blanket ban on overage vehicles

New Delhi: The Delhi government has filed a plea in the Supreme Court against the blanket ban on diesel vehicles older than 10 years and petrol vehicles older than 15 years, contending that the blanket age-limit decision was not backed by any comprehensive scientific study or environmental impact assessment.

In its application, the Delhi government said to tackle pollution in the NCR region, a comprehensive policy is required which gives vehicle fitness based on actual emission levels of individual vehicles as per scientific methods rather than implementing a blanket ban based solely on age of the vehicle.

It maintained that there is no data-driven evidence establishing that all diesel vehicles older than 10 years or petrol vehicles older than 15 years are uniformly polluting.

In its plea, the government now said that a more rational evidence-based policy must replace the current arbitrary age cut-off, focusing on actual emissions and roadworthiness of the individual vehicles.

It pointed out most developed countries, including the European Union, Japan, the United States, and others, do not adopt blanket bans based solely on age of the vehicle, rather have a measured and sustainable approach to deal with the issue of Air Pollution and De-congestion of City Centres holistically.

The plea said that significant technological, legal, and environmental developments have taken place since 2018, which warranted a re-examination of this decision by an expert body to form a structured and graded plan to tackle the issue of pollution.

A bench led by Chief Justice of India B R Gavai is likely to hear on July 28, the plea to recall of the court's October 29, 2018, order that upheld the National Green Tribunal's 2014 directive.

The government maintained that a scientific analysis, and cost benefit analysis of phasing out vehicles on the basis of age would be an appropriate approach.

“Over the course of the last seven years, the ban on plying of the said vehicles, though undoubtedly salutary in aim was observed to have caused numerous practical hardships to the citizens of Delhi, which today, in light of the advancements in technology and enforcement now prima facie appears to outweigh the prudence and feasibility of continuance of the said ban," the application stated.

The government said since the issue of Delhi's air quality is not confined solely to the national capital territory but rather to the broader national capital region, it would be appropriate if suitable scientific studies on the feasibility, desirability and efficacy of continuing the ban are carried out at the level of the central government or the Commission for Air Quality Management.

The directive to off road vehicles purely on the basis of age disproportionately affects middle-class citizens whose vehicles are less used, well-maintained, and compliant to fuel norms.

“The studies indicate that these vehicles often have significantly lower annual mileage and contribute negligibly to overall emissions. Moreover, such a model also negatively affects the market of Second-hand cars, which are often the only 4 wheelers that can be afforded by poor and lower middle income class families residing in the region," it said.

Earlier, the court had directed the transport departments of states in the National Capital Region (NCR) that all diesel vehicles more than 10 years old and petrol vehicles more than 15 years old shall not ply in terms of order of the National Green Tribunal (NGT) order.

"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 i.e. two wheelers, three wheelers, four wheelers, light vehicles and heavy vehicles irrespective of whether commercial or otherwise," the NGT said in its November 26, 2014, order.

Recently, the Delhi government imposed a ban on refuelling petrol vehicles older than 15 years and diesel vehicles older than 10 years. The rule came into effect on July 1, 2025 affecting 62 lakh vehicles. However, the rule was put on hold due to heavy public backlash.