End-of-life: Only BS IV, VI vehicles exempt, says SC

NEW DELHI: The Supreme Court on Wednesday modified its earlier order restraining Delhi and NCR authorities from taking coercive action against "end-of-life" vehicles - 10-year-old diesel and 15-year-old petrol vehicles - and said the reprieve would apply only to BS 4 or BS 6 emission norm-compliant vehicles.

This order will impact over 14.7 lakh BS 1 compliant cars, three-wheelers, two-wheelers, buses and goods carriers; more than 38.7 lakh BS 2 compliant ones; and another 53.7 lakh BS 3 vehicles. A bench of CJI Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi passed the order on an application by Commission for Air Quality Management (CAQM).


Need to restrict plying of vehicles on basis of BS standards: CAQM

On Aug 12, an SC bench led by then CJI B R Gavai had said, “We direct that no coercive steps be taken against owners of vehicles on the ground that these are 10 years old (in case of diesel) and 15 years old (in case of petrol).”

Additional solicitor general Aishwarya Bhati said BS 1, BS 2 and BS 3 vehicles have completed 24 years, 20 years and 15 years, respectively, and are a major cause of air pollution in Delhi-NCR. The CAQM said a BS 1 diesel vehicle produces 5.4 times more CO (BS-2 two times more and BS-3 1.28 times more), 12.13 times more NOx (BS-2 8.75 times more and BS-3 6.25 times more) and 31.11 times more PM (BS-2 18 times and BS-3 2.3 times more) than a BS 4 compliant diesel vehicle.

Agreeing to modify its Aug-12 order that had asked the authorities not to take coercive measures against end-of-life vehicles, the bench said only vehicles which are BS 4 and BS 6 compliant would not be proceeded against if they are older than 15 years.

The CAQM, in its affidavit, said, “One of the criteria determining the fitness of a vehicle is its emissions. The emissions of any vehicle are tested against its BS standard category. Thus, an otherwise fit vehicle would still be emitting pollutants as per its BS standard. Since Delhi-NCR faces an extraordinary situation, especially during the winter season due to poor dispersal of pollutants on account of unfavourable meteorological conditions, there is a need to restrict the plying of polluting vehicles based on emission standards in Delhi-NCR.”

In compliance with orders of SC and National Green Tribunal, CAQM had issued a directive on July 8 mandating retail outlets to refuse fuel to all end-of-life vehicles with effect from Nov 1 this year in Delhi and from April 1, 2026, in five high-vehicle-density districts contiguous to Delhi, besides other actions in accordance with law.
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