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Supreme Court Lifts Protection for BS-III and Older Vehicles in Delhi-NCR

The court modified the order following a request from the Delhi government, which sought permission to proceed against ageing vehicles amid worsening air pollution in the capital.

Sentinel Digital Desk

New Delhi: Supreme Court on Wednesday withdrew the protection granted to end-of-life vehicles in the Delhi-NCR region that do not meet emission standards beyond BS-III, effectively clearing the way for action against older, highly polluting vehicles.

The apex court clarified that only BS-IV and newer vehicles will get protection from coercive action even if they are more than 10 years old in the case of diesel or more than 15 years old in case of petrol vehicles.

A Supreme Court bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order while revising its earlier directive issued on August 12, which had stopped authorities from taking coercive action against diesel vehicles older than 10 years and petrol vehicles older than 15 years in the National Capital Region.

The court modified the order following a request from the Delhi government, which sought permission to proceed against ageing vehicles amid worsening air pollution in the capital.

Clarifying its position, the apex court said the earlier protection would continue only for BS-IV and newer vehicles and that no action should be taken against them solely on the basis of age. However, vehicles meeting BS-III emission norms or below will no longer enjoy such protection, effectively allowing authorities to act against end-of-life vehicles in Delhi-NCR.

The decision was taken after the Commission for Air Quality Management (CAQM) highlighted the significant contribution of older vehicles to air pollution and recommended a review of the August 12 order.

The issue of ageing vehicles in Delhi-NCR dates back to 2015, when the National Green Tribunal barred diesel vehicles over 10 years old and petrol vehicles over 15 years old from operating in the region. The Supreme Court upheld the NGT’s ruling in 2018.