Supreme Court to Hear Plea Challenging Delhi’s Mandatory Vehicle Scrapping Policy

A new petition has been lodged with the Supreme Court of India, challenging the Delhi government’s recent policy that mandates the scrapping of older vehicles regardless of their condition. The policy, titled ‘Handling End of Life Vehicles in Public Places of Delhi’ 2024, imposes a strict cutoff on diesel vehicles over 10 years old and petrol vehicles over 15 years old, sparking controversy over its blanket enforcement.

The petitioner, Nagalaxmi Laxmi Narayan, argues that the policy unfairly penalizes owners of older yet roadworthy vehicles by mandating their scrapping solely based on age. The plea highlights that this policy could be seen as arbitrary and infringes on the owner’s right to property under Article 300A of the Constitution, given its retrospective application.

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Filed as an impleadment application in the ongoing MC Mehta environmental case, the challenge questions the clarity of a previous verdict by the Supreme Court, which had upheld an order from the National Green Tribunal (NGT) in 2015. The petitioner contends that the scrapping rules have been enforced without adequate consideration of actual vehicle emissions or their operational conditions, leading to unnecessary hardship for vehicle owners.

The enforcement of this policy, according to the plea, disregards the lawful terms under which the vehicles were purchased. The petition calls for the policy to be applied prospectively, not retroactively, and seeks compensation for those in economically lower strata who may be disproportionately affected by the policy.

The argument also suggests that while environmental protection is crucial, the policy as it stands may lead to the premature removal of well-maintained vehicles from the roads, which could otherwise continue to serve without significant environmental impact.

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The petition was drawn up by advocate Abhinav Verma and filed through advocate Charu Mathur.

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