Supreme Court Revives Old Vehicle Ban, Puts Enforcement Back in Spotlight

The Supreme Court on Thursday modified its earlier order, allowing authorities to take action against older commercial and private vehicles in the National Capital Region (NCR). The ruling targets diesel vehicles older than 10 years and petrol vehicles older than 15 years that fail to meet BS-IV emission standards, reaffirming efforts to tackle worsening air quality in Delhi and surrounding areas.

A bench, led by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and Vipul Pancholi, passed the order following a request from the Delhi government. Authorities argued that enforcement against older vehicles remained essential amid the escalating air pollution crisis.

The court clarified that protection from coercive action applies solely to BS-IV and newer vehicles, even if their age exceeds the limits. Vehicles compliant with BS-III or lower emission norms are now subject to fines, impoundment, or other enforcement measures.

The modification followed an application from the Commission for Air Quality Management (CAQM), which cited difficulties in acting against high-polluting older vehicles due to blanket protections in the August 12 order. According to CAQM, about 37% of the 2.88 crore vehicles on Delhi-NCR roads operate on BS-III or older engines. These vehicles release between 2.5 and 31 times more particulate matter than modern BS-IV compliant models, significantly contributing to urban pollution.

Additional Solicitor General Aishwarya Bhati emphasized that older commercial and private vehicles continue to exceed permissible emission limits, intensifying public health risks. The court also revisited related measures, including the potential relocation of toll plazas to reduce congestion at city entry points.

This enforcement decision traces its roots to a 2015 National Green Tribunal (NGT) directive aimed at reducing vehicular pollution in the NCR, upheld by the Supreme Court in 2018. While the August 12 order provided temporary relief to owners, deteriorating air quality prompted authorities to request its revision.

The new order is effective from December 18, coinciding with Delhi’s persistent "very poor" air quality rating and the ongoing Stage-IV Graded Response Action Plan. Experts suggest that stricter monitoring of commercial diesel vehicles and older petrol cars will play a critical role in reducing particulate emissions and protecting public health.

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