Relief for owners of older vehicles: SC says no action must be taken till next hearing

The Supreme Court on Tuesday said no coercive action should be taken, for now, against owners of diesel vehicles over 10 years old and petrol vehicles over 15 years old in Delhi-NCR. The interim relief will remain in place until the court hears the matter again after four weeks.

The direction came while the court was hearing the Delhi government’s plea seeking reconsideration of its 2018 order banning such vehicles in the region to curb air pollution. Solicitor General Tushar Mehta, appearing for the Delhi government, argued that the issue required reconsideration. He pointed out that a privately owned vehicle might be used sparingly but must be sold after a decade, while a commercial vehicle like a taxi could run two lakh kilometres in a year yet remain on the road until it reaches the age limit.

A Supreme Court bench said it could not pass any orders without hearing the other side. Meanwhile, the court ordered that no coercive steps be taken against owners of diesel vehicles over 10 years old and petrol vehicles over 15 years old in Delhi-NCR until further orders.

The hearing follows a petition filed by the Delhi government seeking a review of the court’s 2018 order enforcing end-of-life restrictions, particularly on Bharat Stage VI (BS VI)-compliant vehicles. The ban dates back to a 2015 National Green Tribunal order prohibiting diesel vehicles older than 10 years and petrol vehicles older than 15 years from operating in Delhi-NCR. The Supreme Court upheld this directive in 2018, citing public health and environmental concerns.

Recently, the Commission for Air Quality Management (CAQM) sought to stop fuel supply to such vehicles from July 1 this year. However, the plan was postponed to November following public backlash and logistical challenges.

In its application, the Rekha Gupta-led Delhi government said the blanket age-based restriction is no longer scientifically or technically justified given advancements in vehicle emission technology, especially the rollout of BS VI norms in April 2020. These vehicles emit up to 80% less particulate matter and 70% less nitrogen oxides than BS IV models.

Calling the ban disproportionate and impractical, the government said many well-maintained BS IV and BS VI vehicles with valid Pollution Under Control certificates and limited usage contribute negligibly to overall pollution. It argued that vehicle roadworthiness and emissions should be assessed scientifically through regular testing under the Motor Vehicles Act and Central Motor Vehicles Rules, rather than by arbitrary age limits.

The Delhi government warned the policy hits middle- and lower-income groups hardest, as they rely on older but still roadworthy vehicles for essential mobility. Environment Minister Majinder Singh Sirsa said, "We need data-backed policy, not blanket bans. Pollution needs to be tackled, yes, but in a way that is fair and scientifically accurate."

The government urged the Supreme Court to ask either the Centre or the CAQM to conduct a scientific study to determine the actual environmental benefits of the age-based ban. It pointed out that vehicular emissions are only one factor among others—such as stubble burning, industrial pollution, construction dust, and weather conditions—that contribute to Delhi’s poor air quality.