The Delhi High Court on Monday refused to grant interim relief against the Delhi government's decision to prohibit entry of non-Delhi-registered vehicles that do not comply with BS-VI emission standards into the national capital from November 01, to January 31.

A division bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notice on a plea challenging the restriction and directed that the matter be listed along with a related case on November 27.

The petition has been filed by Faridabad-based advocate Gurmukh Dass Kohli, challenging the June 23 notification issued by the Department of Environment and Forests, which prohibits the entry of pre-BS-VI vehicles registered outside Delhi into the capital for a period of three months.

Appearing for the petitioner, advocate Anurag Saxena argued that Delhi requires a comprehensive pollution-control strategy rather than a piecemeal or knee-jerk approach that differentiates between otherwise identical vehicles based on their place of registration.

The plea contends that the restriction is arbitrary and discriminatory as pre-BS-VI vehicles registered in Delhi would continue to be permitted to ply in the capital during the ban period, while similar vehicles registered in neighbouring states would be prohibited from entering.

It argues that such differential treatment violates Article 14 of the Constitution, as the classification is based on the place of registration rather than the vehicle's emission characteristics.

“The classification turns on the place of registration and not on emission. Exhaust does not change with the registering authority; the differentia has no nexus with the object of controlling pollution and fails the test of Article 14,” the petition stated.

The petitioner has further argued that the restriction disproportionately affects residents of the integrated National Capital Region, including advocates and litigants who regularly travel to Delhi for professional and personal purposes.

The plea also challenges the blanket nature of the prohibition, contending that it applies irrespective of the Air Quality Index (AQI) on a particular day.

It submits that the notification itself provides for less restrictive alternatives, including year-round enforcement measures and enhanced parking charges, which could be considered instead of imposing a complete restriction on the entry of vehicles.

“The petitioner will be barred from driving his duly registered Haryana vehicle into Delhi, while an otherwise comparable BS-IV vehicle registered in Delhi is outside the scope of the same restriction,” the plea submitted.

The petition also contends that the revised Graded Response Action Plan (GRAP) issued by the Commission for Air Quality Management (CAQM) in September does not envisage such a restriction.

The High Court has declined to grant interim relief at this stage and will consider the challenge on November 27.