SC relief for ELV owners, to examine its 2018 order

Reprieve from coercive action, for now

- Abraham Thomas

NEW DELHI: The Supreme Court on Tuesday directed no coercive action to be taken against those driving 10-year-old diesel and 15-year-old petrol vehicles in Delhi, effectively staying the implementation of its own October 2018 order which signed off on a 2014 order of the National Green Tribunal seeking to keep polluting vehicles off the roads in an attempt to combat the Capital's noxious air.

The 2014 and 2018 orders were never strictly enforced, and the Bharatiya Janata Party (BJP), which came to power this year in the Union territory, and which made pollution one of its campaign issues, sought to do so this July by denying fuel to overage vehicles-only to face significant pushback from people.

The Delhi government, on July 25, then challenged the ban as unscientific and said a vehicle's fitness should be based on its emission level, and not age.

A bench of Chief Justice of India (CJI) Bhushan R Gavai, justices K Vinod Chandran and NV Anjaria said, "In the meantime, no coercive steps shall be taken against the owners of cars on the ground that they are 10 years old in respect of diesel and 15 years in respect of petrol vehicles." The court issued notice on the Delhi government's application and posted the matter after four weeks.

Solicitor general Tushar Mehta appeared for the Delhi government and sought urgent orders on the application claiming that the police is duty-bound to act under the ban imposed by the court.

"Let there be no coercive action. Otherwise, police is under an obligation to take action against these vehicles," Mehta said. There were similar applications moved by residents in Delhi and transport unions aggrieved by the ban.

The court agreed to examine the issue.