Mandate To Scrap Vehicles In Delhi-NCR After 10/15 Years Despite Their Fitness Arbitrary : Plea In Supreme Court

An application has been filed before the Supreme Court challenging the “Guidelines for Handling End of Life Vehicles in Public Places of Delhi, 2024” providing that diesel vehicles older than 10 years and petrol vehicles older than 15 years are not allowed to ply in Delhi NCR.The applicant, one Nagalakshmi Laxmi Narayanan, has challenged the blanket vehicle scrappage policy stating that it mandates the scrapping of vehicles regardless of their fitness or compliance with emission norms. The application has been filed through advocate Charu Mathur in the long-running MC Mehta v. Union of India case regarding pollution in Delhi NCR.The application claims that the guidelines violate Article 300A of the Constitution, which guarantees that no person shall be deprived of their property except by authority of law“the impugned guidelines violates Article 300A of the Constitution, which guarantees that no person shall be deprived of their property except by authority of law. The impugned guidelines mandates the scrapping of overaged vehicles immediately upon seizure, without affording the owners an opportunity to challenge or appeal the seizure. This arbitrary deprivation of property without any judicial or quasi-judicial process or adequate compensation is a violation of the right to property, as recognized under Article 300A. The impugned guidelines, by mandating the scrapping of vehicles without proper legal recourse, lacks proportionality and violates constitutional principles”, the plea reads.The guidelines, issued by the Delhi Government in February 2024, are in line with the Supreme Court's order dated October 29, 2018 and an order of the National Green Tribunal (NGT) dated April 7, 2015. The orders directed that older vehicles—diesel vehicles older than 10 years and petrol vehicles older than 15 years—should no longer be allowed to ply in Delhi NCR to combat pollution.The applicant claims to be the owner of a 2014 Audi diesel vehicle purchased before the NGT order. Under the policy, her vehicle will be prohibited from use in Delhi from December 2024, despite the registration certificate being valid till December 2029.The applicant has contended that these guidelines are arbitrary as they fail to consider the actual emissions of individual vehicles. “a BS VI-compliant vehicle, which is considerably cleaner than its BS III or BS IV counterparts, is subjected to the same age-based restriction. The failure to differentiate based on actual pollution levels results in an overly broad application of the rule, which 5 could potentially force compliant and environmentally friendly vehicles off the road prematurely. This one-size-fits-all approach lacks proportionality and fails to serve the intended purpose of reducing pollution effectively”, the application states.The application argues that the policy disproportionately affects vehicle owners who purchased their cars before these orders, causing financial loss and depriving them of the full use of their vehicles without adequate compensation.The applicant has contended that the NGT and subsequent orders do not clarify whether the policy should be applied retrospectively or prospectively, creating uncertainty for vehicle owners who purchased their vehicles before the NGT's order in 2015.The applicant has contended that the scrappage policy disproportionately affects middle- and lower-income groups who cannot afford to replace their vehicles prematurely. Vehicle owners are also not being compensated for the unused portion of their registration fees, which they paid expecting their vehicles to last the full 15-year period, the application states.The application contends that modern emission testing technologies are available, and some older vehicles—if well maintained—may still meet emission standards. Therefore, the scrappage mandate should be based on a vehicle's actual environmental impact, not solely on its age.The plea states that the actual condition and pollution levels of vehicles should be considered before mandating their scrapping, allowing well-maintained and compliant vehicles to continue operating, and fair compensation should be paid to vehicle owners forced to scrap their vehicles prematurely, particularly in terms of unused registration fees.“It is submitted that banning vehicles solely based on their age can be an impractical approach to addressing environmental concerns. Instead, a more nuanced policy should be implemented, one that takes into account individual pollution levels emitted by vehicles. This approach ensures that cars meeting prescribed emissions standards are exempt from bans, irrespective of their age”, the application states.The applicant has prayed the Supreme Court to set aside the guidelines issued by the Delhi Government and also sought clarification of the effective date of the NGT and Supreme Court orders to ensure that they are applied prospectively and not retrospectively.Case no. – IA in Writ Petition (C) No. 13029 of...

Mandate To Scrap Vehicles In Delhi-NCR After 10/15 Years Despite Their Fitness Arbitrary : Plea In Supreme Court

Amisha Shrivastava

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