Supreme Court Halts Coercive Action Against Owners of 10-Year-Old Diesel, 15-Year-Old Petrol Vehicles in Delhi-NCR

The Supreme Court on Tuesday (August 12) directed that no coercive measures be taken against owners of diesel vehicles older than 10 years and petrol vehicles older than 15 years in Delhi-NCR.

A bench comprising Chief Justice of India BR Gavai and Justices K Vinod Chandran and NV Anjaria issued the interim order while hearing multiple petitions linked to environmental concerns in the long-running MC Mehta case. The court also issued a notice in a review petition filed by the Delhi government challenging its earlier decision.

Delhi Govt Seeks Review of 2018 Ban

Solicitor General Tushar Mehta, representing the Delhi government, argued that the ban should be stayed as it would compel police to begin seizing such vehicles. He called the rule “arbitrary,” pointing out that private vehicle owners must dispose of their vehicles after 10 or 15 years, whereas the same vehicles can continue operating commercially beyond those limits.

The review petition contests the Supreme Court’s 2018 order upholding the National Green Tribunal’s (NGT) 2015 directive banning older vehicles in Delhi-NCR. The Delhi government contends that newer emission-monitoring standards and expanded pollution testing make the blanket ban unnecessary. It has also requested a scientific study to assess the actual environmental benefits of the age-based restriction.

Policy Changes and Public Backlash

In 2024, the Delhi government issued guidelines for handling End-of-Life Vehicles (ELVs) and, earlier this year, announced that fuel stations would stop supplying fuel to ELVs from July 1, 2025. However, this decision was later put on hold following strong public opposition.

Intervention applications in the case have sought either to stay the 2018 order or to clarify that the age limit should apply prospectively from its original issuance date. Applicants, represented by Advocate Charu Mathur, have called for:

• Fitness-Based Criteria: Establishing statutory vehicle fitness tests instead of relying solely on age as the determinant for ELVs.
• Scrapping Guidelines Overhaul: Setting aside the 2024 ELV guidelines mandating scrapping without clear legal backing.
• Prospective Implementation: Applying the 2018 order only from its issuance date to protect pre-policy vehicle owners.
• Clarification on Effective Date: Ensuring the order is not applied retrospectively.

Background

The NGT’s 2015 order prohibited diesel vehicles over 10 years old and petrol vehicles over 15 years old from operating in Delhi-NCR to combat air pollution. The Supreme Court affirmed the order in 2018, but its implementation has remained contentious amid changing environmental policies and technological advancements.

Case Reference: MC Mehta v. Union of India, WP (C) No. 13029 of 1985.