Supreme Court allows action against older vehicles failing BS-IV norms in Delhi-NCR

The Supreme Court on Wednesday (December 17) modified its earlier order dated August 12, clarifying that coercive action may be taken against diesel vehicles older than 10 years and petrol vehicles older than 15 years in the National Capital Region (NCR) if they fail to comply with Bharat Stage-IV (BS-IV) emission standards.

The clarification was issued by a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi while hearing a plea filed by the Delhi Government, which flagged the worsening air quality in the national capital and sought stricter regulatory action against older, highly polluting vehicles.

Appearing for the Delhi Government, Additional Solicitor General Aishwarya Bhati urged the court to modify its August 12, 2025 order to permit action against vehicles compliant only up to BS-III emission norms. She submitted that such vehicles exhibit poor emission performance and contribute disproportionately to air pollution levels in Delhi-NCR.

Supporting the government’s plea, Senior Advocate Aparajita Singh, serving as amicus curiae in the long-running air pollution case (MC Mehta v. Union of India), pointed out that BS-IV emission standards were introduced in 2010. Vehicles conforming only to BS-III norms, she argued, predate this period and therefore warrant regulatory intervention in light of public health concerns.

Dictating the order, the Bench clarified that its August 12 ruling stands modified to the extent that no coercive action shall be taken against owners of BS-IV or newer vehicles solely on the basis of age—namely, 10 years for diesel vehicles and 15 years for petrol vehicles. However, vehicles failing to meet BS-IV standards would not enjoy such protection.

The court also recalled that in 2015, the National Green Tribunal (NGT) had prohibited the operation of diesel vehicles older than 10 years and petrol vehicles older than 15 years in the Delhi-NCR region as a measure to curb air pollution. This directive was subsequently upheld by the Supreme Court in 2018.

In furtherance of these efforts, the Delhi Government in 2024 notified the “Guidelines for Handling End-of-Life Vehicles in Public Places of Delhi,” laying down a framework for the identification, removal, and disposal of such vehicles.

More recently, the Delhi Government had announced that end-of-life vehicles would be denied fuel at petrol pumps from July 1, 2025. However, the move was put on hold following public backlash, prompting the government to approach the Supreme Court seeking a modification of the existing ban—leading to the August 12 order and the present clarification.