‘No coercive action’: SC on Delhi ban for 10-year diesel, 15-year petrol vehicles

The Supreme Court on Tuesday directed that no coercive action be taken against owners of diesel vehicles older than 10 years and petrol vehicles older than 15 years in Delhi until further orders. The direction came while hearing the Delhi government’s application seeking a review of the Court’s 2018 order that banned such vehicles in the National Capital Region (NCR) as part of pollution control measures.

A Bench led by Chief Justice of India BR Gavai, along with Justices K Vinod Chandran and NV Anjaria, issued notice to the respondents and fixed the matter for hearing after four weeks. The order stated, “In the meantime, no coercive steps to be taken against the owners of cars on the ground that they are 10 years old in respect to diesel vehicles and 15 years old with respect to petrol vehicles.” The Bench also made an oral observation that earlier, cars used to be in service for 40–50 years and vintage cars still exist.

The Delhi government, in its application filed in the MC Mehta v. Union of India case, argued that the 2018 directive was issued without any scientific study or environmental impact assessment. It highlighted that Bharat Stage-VI (BS-VI) emission standards were introduced in 2020, making newer engines significantly less polluting. The government further submitted that continued implementation of the ban would force compliant BS-VI vehicles off the road after the age limit despite minimal emissions.

The application stated that several additional pollution control measures have since been implemented, including wider coverage of the Pollution-Under-Control (PUC) certification system, cleaner fuel availability, and promotion of electric vehicles. It also noted that many older vehicles in Delhi are used sparingly, clocking far fewer kilometres annually, and therefore contribute less to air pollution. The government flagged adverse effects on the second-hand car market, which remains an affordable option for many poor and lower-middle-income families.

Solicitor General Tushar Mehta, representing the government, pointed out inconsistencies in the ban’s application. He noted that some low-usage vehicles are being penalized purely based on age, while higher-mileage newer vehicles continue operating. He also highlighted enforcement issues, stating that police are obliged to seize vehicles under the current directive. The matter will be taken up again by the Court after four weeks.