In a crucial order addressing the escalating air pollution crisis in Delhi NCR, the Supreme Court on December 17, 2025, clarified that coercive action may be taken against diesel vehicles older than 10 years and petrol vehicles older than 15 years if they do not meet BS-IV emission standards. At the same time, the Court protected BS-IV and newer vehicles from enforcement action solely on the ground of age.
The clarification was issued while modifying the Court’s August 12, 2025 order, which had earlier restrained authorities from taking coercive steps against older vehicles in the National Capital Region.
The order was passed by a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi, on a request made by the Delhi Government.
Background: August 12 Order And Pollution Emergency
On August 12, 2025, the Supreme Court had barred coercive action against diesel vehicles older than 10 years and petrol vehicles older than 15 years in Delhi NCR. The decision came amid public backlash over enforcement measures such as denial of fuel to end-of-life vehicles.
However, with air quality deteriorating sharply in winter, the Delhi Government sought a limited modification of the August order, arguing that older vehicles with outdated emission standards significantly contribute to air pollution.
Delhi Government’s Plea For Modification
Appearing for the Delhi Government, Additional Solicitor General Aishwarya Bhati submitted that vehicles compliant only up to BS-III standards or below emit substantially higher pollutants and aggravate the air quality emergency in the capital.
“Older vehicles, their emission standards are very poor, and they are adding to the pollution,” the ASG told the Court.
The Delhi Government specifically requested permission to take action against vehicles up to BS-III, while sparing those meeting BS-IV standards and above, irrespective of their age.
Amicus Curiae Supports Government Stand
Senior Advocate Aparajita Singh, acting as amicus curiae in the long-running MC Mehta air pollution case, supported the Delhi Government’s submissions.
She pointed out that BS-IV norms were introduced in 2010, and vehicles manufactured before that—particularly BS-III models—are major contributors to vehicular pollution.
Her submissions reinforced the argument that emission standards, rather than vehicle age alone, should guide enforcement decisions.
Supreme Court’s Clarification
Accepting the submissions, the Supreme Court modified its earlier order and clarified:
“The August 12 order is modified to the extent that no coercive steps shall be taken against owners of vehicles which are BS-IV and newer on the ground that they are above 10 years old (in case of diesel engines) and 15 years old (in case of petrol engines).”
This effectively means that:
- BS-III and older vehicles beyond the age limit can be proceeded against
- BS-IV and newer vehicles are protected from coercive action, even if they exceed the 10-year (diesel) or 15-year (petrol) threshold
Legal History Of The Ban On Old Vehicles
The present order must be viewed in the context of a decade-long legal battle against vehicular pollution in Delhi NCR:
NGT’s 2015 Direction
In *2015, the *National Green Tribunal (NGT) directed that:
- Diesel vehicles older than 10 years
- Petrol vehicles older than 15 years
should not be allowed to ply in Delhi NCR.
Supreme Court’s 2018 Endorsement
The NGT’s direction was subsequently upheld by the Supreme Court in 2018, recognising vehicular emissions as a major contributor to air pollution.
Delhi Government’s 2024 Guidelines
In 2024, the Delhi Government issued Guidelines for Handling End-of-Life Vehicles in Public Places, providing an administrative framework for identifying and impounding such vehicles.
Fuel Supply Ban And Public Backlash
More recently, the Delhi Government ordered that end-of-life vehicles would not be supplied fuel at petrol pumps with effect from July 1, 2025. However, the move triggered widespread public backlash due to:
- Inadequate public transport alternatives
- Arbitrary enforcement
- Impact on middle-class vehicle owners
In response, the fuel ban was temporarily put on hold, and the government approached the Supreme Court seeking clarity—leading to the August 12 order and the present modification.
Balancing Environment Protection And Citizens’ Rights
The Supreme Court’s latest clarification attempts to strike a delicate balance between:
- Environmental protection
- Administrative fairness
- Citizens’ property and mobility rights
Rather than imposing a blanket age-based ban, the Court has adopted a technology-centric approach, focusing on emission standards as the decisive factor.
This reflects a shift in environmental adjudication—moving from rigid rules to evidence-based, proportionate regulation.
Significance Of The Ruling
1. Shift From Age-Based To Emission-Based Regulation
The order prioritises actual pollution impact over mere vehicle age.
2. Relief To BS-IV Vehicle Owners
Owners of BS-IV diesel and petrol vehicles receive protection from arbitrary enforcement.
3. Strengthening Air Pollution Jurisprudence
The ruling reinforces the Supreme Court’s continuing oversight in the MC Mehta environmental cases.
4. Policy Signal To Governments
The judgment sends a clear message that environmental measures must be rational, data-driven, and legally sustainable.
What Lies Ahead?
With Delhi NCR continuing to face severe air quality challenges, further directions may follow regarding:
- Expansion of public transport
- Incentives for scrapping old vehicles
- Stricter emission testing
- Greater coordination with CAQM and State Governments
The present order lays the groundwork for more nuanced pollution control strategies, balancing urgency with fairness.
Conclusion
The Supreme Court’s decision allowing action against 10-year-old diesel and 15-year-old petrol vehicles below BS-IV standards marks a pragmatic step in Delhi’s fight against air pollution. By exempting BS-IV and newer vehicles, the Court has ensured that enforcement is targeted, reasonable, and environmentally meaningful.
As air pollution continues to pose a serious public health risk, the ruling underscores the judiciary’s role in shaping sustainable and constitutionally balanced environmental governance.
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