The Delhi Government has approached the Supreme Court seeking a review of a 2018 order which banned 10-year-old diesel and 15-year-old petrol vehicles in the National Capital Region (NCR) as a pollution control measure.

In an application filed as part of the MC Mehta v. Union of India case, the Delhi government has submitted that the 2018 directive was not based on any scientific study or environmental impact assessment.

The application explains that there are now stricter pollution control measures in place, such as the enhanced coverage of the Pollution-Under-Control (PUC) certificate system and implementation of Bharat Stage-VI standards (BS-VI Standards).

Adherence to BS-VI pollution control norms was made mandatory in 2020, after the Court's 2018 order, the application points out. It adds,

"Bharat Stage VI engines are significantly less polluting ... if the order of this Hon'ble Court dated 29.10.2018 continues to operate, it will result in road worthy, non-polluting BS-VI vehicles also going off the roads in a matter of a few years without a scientific basis for the same."

It also notes that at present, there are cleaner forms of fuel available and that the use of electric vehicles has also been promoted to reduce pollution, among various other measures.

The Delhi government has further highlighted that the 2018 ban has caused practical hardships to a large number of people in Delhi who are the owners of vehicles that are otherwise compliant with pollution norms.

These vehicles, it noted, often clock far fewer kilometers each year and contribute very little to the overall pollution.

The application also flagged the harm caused to the second-hand car market, which remains the only viable option for many poor and lower-middle-income families looking to own a four-wheeler.

Therefore, the Delhi government has urged the Court to consider recalling its 2018 order that had put in place the current “arbitrary age cut-off” for vehicles.

It has further prayed that the Court direct the Union Ministry of Road Transport and Highways and the Commission for Air Quality Management (CAQM) to conduct a comprehensive scientific study on the following aspects:

1. The actual environmental benefits of an age-based vehicle ban;

2. The feasibility and fairness of such a blanket restriction across vehicle categories and technologies; and

3. Whether such a policy of banning vehicles based on their age meaningfully contributes to improved air quality in NCR, as compared to targeted pollution emissions-based measures.

The application notes that other nations, such as the European Union, Japan, and the United States of America, do not impose age-based bans, and instead adopt a measured and sustainable approach that addresses both pollution and urban decongestion holistically.

The plea will be heard along with similar petitions filed by two private individuals who have also challenged the age-based vehicle ban.

The issue is listed for hearing on July 28 (Monday) before the Bench led by Chief Justice of India BR Gavai.