The Commission for Air Quality Management (CAQM) has asked the Supreme Court to revisit its August 12 direction protecting owners of 10-year-old diesel and 15-year-old petrol vehicles from coercive action in Delhi, citing the Capital’s worsening pollution levels and the disproportionate emission load from older vehicles.
The court’s August ruling had effectively paused the implementation of its October 2018 order, which upheld a 2014 National Green Tribunal judgment to bar ageing, polluting vehicles from Delhi roads. That framework sought to keep end-of-life vehicles (ELVs) off the streets as part of a broader effort to tackle noxious air in the NCR.
In a report submitted to the Supreme Court, the CAQM compared the emissions of BS-III and earlier vehicles with BS-VI compliant models. It recommended that the court exclude BS-III and below standard vehicles from the relief granted in August.
According to the report, “for controlling vehicular emissions, BS-III and below standard vehicles are required to be kept out of purview” of the August 12 order because of their significantly higher emission potential.
The commission warned that the persistent winter pollution and limited pollutant dispersal conditions create an “extraordinary situation,” warranting stricter curbs on older vehicles based on emission standards rather than age alone.
Calling vehicular pollution one of the most “significant contributors” to Delhi’s poor air quality, the CAQM reiterated that end-of-life vehicles have long been a concern. The NGT’s 2014–15 orders had permitted impounding such vehicles, though enforcement has remained lax.
The report noted that BS-III vehicles have been in use for more than 15 years, BS-II over 20 years, and BS-I for more than 24 years. It added that 93 percent of registered vehicles in the region comprise light motor vehicles and two-wheelers, which also form the bulk of older, emission-heavy models.
For long-term management of vehicular emissions, the commission proposed increasing the environmental compensation charge beyond the current 1 percent on luxury vehicles, diesel cars, and SUVs above 2000 cc.
A bench led by Chief Justice of India Surya Kant is expected to hear the CAQM recommendations as part of the ongoing proceedings concerning Delhi air pollution.
The 2014 and 2018 directives to restrict ageing vehicles were not strictly enforced for years. After forming the government this year, the Bharatiya Janata Party sought to implement the restriction by denying fuel to overage vehicles, triggering resistance.
On July 25, the Delhi government challenged the ban as “unscientific,” arguing that a vehicle’s fitness should be judged on its emissions and not merely its age.
The Supreme Court is expected to hear the matter shortly, setting the stage for a renewed debate on the balance between pollution control, enforcement practicality, and owners’ rights.
