Supreme Court Bars Coercive Steps Against Owners Of 10-Year-Old Diesel & 15-Year-Old Petrol Vehicles In Delhi NCR

The Supreme Court today (August 12) directed that no coercive action will be taken against owners of 10-year-old diesel and 15-year-old petrol vehicles in Delhi NCR. The bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria passed the interim direction while hearing a batch of pleas on environmental issues in the MC Mehta Case. The bench also issued notice in the review petition filed by the Delhi Govt.Solicitor General Tushar Mehta, appearing for the Delhi Govt, submitted that the ban on the said vehicles needs to be stayed as the police will be under the obligation to start the seizure of such vehicles. He stressed that the directive was arbitrary as those who owned vehicles for personal use were required to sell the same after the end of 10 years or 15 years, but the same vehicle if being used for commercial use can continue even after 10 years. The Government of the National Capital Territory of Delhi has filed a review petition in the Supreme Court seeking to review a 2018 order passed by the Court, banning 10-year-old diesel and 15-year-old petrol vehicles in the National Capital Region.The plea states that such a ban on vehicles would not be necessary as, after 2018, stricter standards of monitoring of emissions and increased coverage of pollution testing have been made applicable. It has also asked in its plea for directing the Union Central Government and the Commission for Air Quality Management to conduct a comprehensive scientific study, evaluating the actual environmental benefits of the age-based ban.In 2015, the National Green Tribunal 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 NGT direction was upheld by the Supreme Court in 2018. In 2024, Guidelines for Handling End-of-Life Vehicles in Public Places of Delhi were issued by the Delhi Government.Recently, the Delhi Government ordered that end-of-life vehicles will not be supplied with fuel at petroleum outlets with effect from July 1, 2025. However, this direction was later put on hold following a public backlash.In the said matter, intervention applications are also filed seeking a stay of the impugned order as well as a clarification that the 2018 order would either be effective from the date from which age can be the sole criteria for determining ELVs (end of life vehicles) or that the order be applied prospectively. The Court issued notice in the said applications as well. Advocate Charu Mathur appeared for the certain other applicants opposing the End of Life term. The following directions are sought : 1. Declare statute-backed criteria of the fitness of a vehicle as an objective criteria for determining the end-of-life vehicles(ELVs) rather than randomly suggested age of vehicles as the criteria for determining ELVs,2. Set aside the Guidelines for Handling End of Life Vehicles in Public Places of Delhi, 2024, bearing No. F.NO.DC/ SCRAPPING /TPT/2024/2278 dated 20.02.2024, which arbitrarily mandates the scrapping of overaged vehicles without statutory backing or clear guidelines,3. In alternative, declare 29.10.2018(date when this Hon'ble passed the order for condeming10/15 year old vehicles and directed to give wide publicity for the same) as the effective date from which age can be the sole criteria for determining ELVs4. Issue a clarification on the effective date of the order dated 29.10.2018 to ensure that it is applied prospectively and not retrospectively, thereby safeguarding the rights of vehicle owners who purchased their vehicles before the policy was implemented.Case Details: MC Mehta v. Union of India WP (C) No. 13029 of 1985 and IAs Click Here To Read/Download Order

Supreme Court Bars Coercive Steps Against Owners Of 10-Year-Old Diesel & 15-Year-Old Petrol Vehicles In Delhi NCR

Anmol Kaur Bawa

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