'Scientific study required': Delhi government petitions SC, seeks review of blanket ban on old vehicles

The Delhi government has petitioned the Supreme Court seeking a review of its order mandating a blanket ban on the plying of petrol vehicles over 15 years old and diesel vehicles over 10 years old of all categories in the National Capital Region (NCR).

In its July 25 plea, the Rekha Gupta government has contended that "the road-worthiness of a vehicle is a technical and scientific matter that has to be associated with actual emissions as tested and indicated by mechanisms stipulated under the Motor Vehicles Act, the Central Motor Vehicles Rules, etc., in contradistinction to across-the-board ban on the basis of age which has no nexus with actual emissions".

The state has stated that the prohibition on the plying of the aforementioned vehicles during the past seven years, "although certainly salutary in intent was found to have entailed many practical difficulties to the citizens of Delhi, which today, considering the developments in technology and enforcement now prima facie seem to outweigh the prudence and feasibility of the continuation of the aforesaid ban".

The plea also requested the court to order the Centre or the Commission on Air Quality Management (CAQM) "to conduct a proper broad based, scientific study on the necessity for continuation of" the total ban ordered by the Supreme Court's October 29, 2018, order.

The Delhi government stated that in its considered opinion, "the considerable development in Pollution Under Control (PUC) technology, expanded coverage of PUC testing, tighter monitoring of emission norms, shift to Bharat Stage VI engines and several other measures" that have been taken since the Supreme Court judgment "adequately meet the issues that compelled" the Supreme Court to pass such a judgment.

"It is the belief of the State Government that there is very urgent requirement for a graded, balanced and technology based regime to manage vehicular pollution and that rather than an age-based across-the-board ban, a scientific data-based regime be designed taking into account all relevant parameters to determine individual vehicular pollution, for instance but not exhaustively: (i) Actual emission, (ii) Actual mileage, (iii) periodical and routine vehicle fitness tests and (iv) best available retrofitting strategies (CNG/electric conversion)," the application reads.

The plea further mentioned that "a balanced policy would not only protect the environment by phasing out polluting vehicles, but also safeguard the rights of the responsible vehicle owners".

The government explained that the full ban order "was originally enacted as an emergency provision at a time when Bharat Stage IV (BS-IV) emission norms were in place and the transition to Bharat Stage VI (BS-VI), with much stricter and newer norms, had not yet begun.

It further added, "However, it is submitted that in order to address the problem of pollution in the NCR region, a holistic policy is needed which provides vehicle fitness based on the actual emission level of a specific vehicle in accordance with scientific parameters and not impose a blanket ban on the basis of simply the age of the vehicle."

The government added that much has happened in terms of technological, legal, and environmental advancements since 2018, which makes a "re-consideration of this decision" by a technical body necessary to set a graded and structured plan to address pollution.

The application also stated that there are different sources of air pollution in Delhi other than vehicle pollution and that emissions from vehicles only form part of multiple sources of air pollution in Delhi NCR. “Other significant contributors include: stubble burning, biomass burning, road and construction dust, industrial emissions, weather and meteorological factors. As per the Commission for Air Quality Management, the percentage contribution of the said sources to the air quality of Delhi varies significantly depending on the season,” the plea stated.

The Delhi government has asserted that CAQM in its 'Policy to Check Air Pollution in the National Capital Region' adopted in July 2022 has laid down, "These studies demonstrate that there is significant seasonal variation in the relative contribution of pollution sources between winter and simmer", and argued that "thus…a scientific appraisal, and cost benefit appraisal of phasing out vehicles on the basis of age would be an appropriate approach".

The state said that since the issue of Delhi’s air quality is not confined solely to the National Capital Territory but rather to the broader National Capital Region, it is respectfully submitted that “it would be appropriate if suitable scientific studies on the feasibility, desirability and efficacy of continuing the said ban are carried out at the level of the Union of India or the Commission for Air Quality Management”.