'Action only on vehicles below BS-IV': Supreme Court modifies order on exemption for older vehicles in Delhi

NEW DELHI: The Supreme Court on Wednesday modified its August 12 order that previously barred coercive action against diesel vehicles older than 10 years and petrol vehicles older than 15 years in the National Capital Region (NCR).The court clarified that action can be taken against vehicles that do not meet emission standards below BS-IV. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi passed the order at the request of the Delhi government, which had sought stricter measures against older vehicles in light of the ongoing air quality crisis. The court continued to hear matters related to Delhi’s worsening air pollution, with air quality remaining in the “severe” category in several parts of the NCR.

During proceedings, the bench stressed the need for practical measures, saying, “Let us think of pragmatic and practical solution of the menace.” The court was also informed about traffic congestion caused by toll plazas under the Municipal Corporation of Delhi (MCD) in Gurgaon. These long queues of vehicles were noted to contribute significantly to air pollution. The court directed the DMC to cooperate and consider suspending nine toll plazas temporarily, stating that a decision should be made within a week and placed on record.

CJI Surya Kant said, “we do not want income you generate, but you definately generate a lot of litigation from these tolls we want to come out on a concrete plan for absolute no toll plaza till next year 31st January." Addressing the real-world impact of restrictions on construction workers, the bench asked the Delhi government to verify workers rendered idle and ensure direct transfer of funds to their bank accounts. The Chief Justice cautioned that the money should not “disappear, travel to another account,” and urged consideration of alternative work for affected labourers. The government responded that around 7,000 construction workers have been verified out of nearly 2.5 lakh affected, with payments to be made directly to their accounts. The observations came as the Supreme Court reviewed the persistent impact of air pollution despite repeated directives over the years. Amicus curiae and senior advocate Aparajita Singh told the court that air quality continues to hover in the “severe” category despite multiple orders and that enforcement of pollution-control protocols has been slow. The bench also noted lifestyle choices among the affluent as a major factor behind poor implementation. CJI Surya Kant observed that the well-off continue to use large diesel vehicles, generators, and other polluting equipment in violation of restrictions, while “it is the poor and working classes who are the most exposed to hazardous air and suffer the worst health consequences.” The Commission for Air Quality Management (CAQM) informed the court last week that transport contributes about 41% of Delhi-NCR’s ambient air pollution, followed by dust and construction (21%), industry (19%), power plants (5%), residential activities (3%) and other sources (11%). Stubble burning was cited as a periodic factor affecting the region for a short window each year, with other sources remaining constant. The amicus also highlighted violations of Supreme Court orders barring schools and organisations from holding sporting events during periods of severe pollution, saying organisers continue to sidestep the restrictions, exposing children to hazardous air.