Supreme Court allows Delhi govt to act against old vehicles which are not BS-IV compliant

New Delhi: The Supreme Court on Wednesday permitted Delhi government authorities to take coercive action against old vehicles that do not meet Bharat Stage-IV (BS-IV) emission standards.

A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and Vipul M Pancholi modified the August 12 order of the apex court which had placed a blanket bar on coercive measures against diesel vehicles older than 10 years and petrol vehicles older than 15 years.

Allowing the plea of Additional Solicitor General Aishwarya Bhati, appearing for the Delhi government, the bench has now said that this protection applies strictly to vehicles compliant with BS-IV standards or higher.

This order was part of a slew of directions which was passed on Wednesday while hearing the long-running MC Mehta air pollution case.

It clarified that while its August 12 order restrained authorities from taking action solely on the basis of vehicle age, the protection would apply only to BS-IV compliant and newer vehicles.

Older vehicles running on emission standards below BS-IV, including BS-III and earlier models, may face regulatory action, it said.

"The order dated August 12 is modified to the extent that no coercive steps shall be taken against owners of vehicles which are BS-IV and newer, merely on the ground that they are above 10 years old in case of diesel vehicles and 15 years old in case of petrol vehicles," the bench said.

The ASG urged the court to allow action against older vehicles up to BS-III standards, arguing that such vehicles contribute disproportionately to air pollution.

"Older vehicles have very poor emission standards and they are adding to pollution," Bhati submitted.

The submission was supported by senior advocate Aparajita Singh, who is assisting the bench as an amicus curiae, saying that the BS-IV norms were introduced in 2010, and vehicles manufactured prior to that fall under more polluting categories.

Earlier, a bench headed by the then CJI BR Gavai, on August 12, this year, had granted a relief to owners of diesel vehicles of over 10 years and petrol vehicles older than 15 years in Delhi-NCR.

It ordered authorities not to take coercive measures against them.

The top court was dealing with a plea seeking recall of its October 29, 2018 order upholding a National Green Tribunal's directive.

The apex court had directed transport departments of states in the NCR to ban diesel vehicles more than 10 years old and petrol vehicles more than 15 years old from plying on roads in terms of the NGT's order.

The NGT, on the other hand, had ordered all diesel or petrol vehicles that were more than 15-years old not to be allowed to ply on roads and appropriate action, including seizure of the vehicles under the Motor Vehicle Act, in case of non-compliance.

"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 on November 26, 2014.

The orders came keeping in mind the rising air pollution levels in the national capital and adjoining areas particularly during the winter season.

"Issue notice, returnable in four weeks. In the meantime, 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," the bench had said.

The Delhi government had moved the top court against the blanket ban on diesel vehicles older than 10 years and petrol vehicles older than 15 years. During the hearing, the Delhi government had said people had no choice but to sell their old vehicles due to the ban.

The government had said a vehicle used by the owner for commuting from home to court and vice-versa might run only 2,000 kilometres after 10 years but he would have to sell it due to the ban.

The plea had sought a comprehensive study by the Centre and the Commission for Air Quality Management (CAQM) to assess the actual environmental benefits of age-based restrictions versus emission-based criteria.