The Supreme Court of India recently dismissed a plea challenging the policy mandating the scrapping of diesel vehicles older than 10 years and petrol vehicles older than 15 years in Delhi-NCR. A bench comprising Justices Abhay S. Oka and Augustine George Masih ruled that such guidelines, initially laid out by the National Green Tribunal (NGT), cannot be contested through interim applications in pending cases. Instead, it advised petitioners to file separate, substantive petitions for challenges to these rules.
The petitioner, Nagalakshmi Laxmi Narayan, argued that the blanket mandate fails to account for individual vehicle fitness or emissions compliance, causing undue hardship for vehicle owners who maintain their vehicles in good condition. Additionally, Narayan highlighted that the policy unfairly retroactively impacts vehicles purchased prior to the NGT’s 2015 directive, depriving owners of property rights and financial investments, especially for those unable to afford new vehicles or replacements. The plea cited Article 300A of the Constitution, which protects against the deprivation of property without proper legal authorisation, as a basis for the petition’s claims. The policy was criticized for adopting an “arbitrary” approach by imposing uniform age restrictions on all vehicles regardless of their pollution levels, even if they adhere to Bharat Stage VI (BS-VI) standards, which are known for being environmentally compliant.
Delhi’s scrappage guidelines, introduced in February 2024, have received ongoing attention for their strict approach to improving air quality. Under the guidelines, non-compliant vehicles, if impounded, require payment of substantial fines and compliance undertakings from their owners, with the vehicles potentially subject to automatic scrapping after a certain period if unclaimed. The applicant argued for a more nuanced approach that evaluates actual emissions, possibly allowing well-maintained vehicles to continue operating if they meet pollution norms, which could offer a more balanced response to air pollution issues.
The court’s ruling underscored the judiciary’s long-standing support for pollution control measures, aligning with previous Supreme Court and NGT orders addressing air quality and vehicular emissions. The case serves as a reminder of the challenges facing vehicle owners in Delhi and the NCR as they grapple with evolving environmental regulations that prioritize reducing pollution while balancing citizens’ rights and economic concerns.
