
PINTERST
Why the court revisited its earlier order
Delhi NCR older vehicles ban- On Wednesday, the Supreme Court increased regulations on polluting vehicles throughout the Delhi-NCR (National Capital Region). The modification of its Aug. 12, 2019 order, which previously granted immunity to end-of-life vehicles from enforcement action, was put into action after receiving a notice from the Commission for Air Quality Management (CAQM) regarding the deteriorating air quality and the increasing levels of pollution due to those vehicles being re-introduced onto the streets as a result of the court’s granting of protection for these vehicles.
It was clear to the court that the continuation of court protection created an obstacle to reaching clean air standards. The court, therefore, removed immunity from all vehicles manufactured before the BS (Bharat Stage) III standards and became immediately enforceable at the start of the winter months (December through February) due to a sharp increase in the level of pollution during this period.
What the modified ruling now permits
The decision provided guidance in allowing authorities the ability to penalize vehicles operating on emission standards BS-III and below and to maintain the protections for vehicles meeting emission standards BS-IV and above. The declaration made publicly by the Chief Justice Surya Kant and Additional Solicitor General Aishwarya Bhati presented the report from the Central Ambient Air Quality Monitoring Committee regarding the health risks associated with using older vehicles not meeting modern standards for air pollutants.
The judges noted that numerous vehicles operating on emission standards BS-I, BS-II, and BS-III were still prevalent and that they created adverse public health effects during periods of heavy pollution episodes. The decision reinstated the authority of the prior directives issued by the National Green Tribunal, Delhi NCR older vehicles ban.
How CAQM justified stricter enforcement
The CAQM stated to the Court that the poor air quality in Delhi-NCR driven mostly by vehicles including;
end-of-life vehicles remain a long-standing policy and regulatory problem; they also stated that light commercial and light-duty (two wheeled) vehicles account for the majority of all vehicle pollution in the area and that these vehicles (most likely) have been in operation for greater than 15 years (BS-III), 20 years (BS-II) and 24 years (BS-I). The report attributes the winter time smog to the inability of the ambient conditions of the winter months to disperse the emissions. The commission recommended regulating heavier vehicle emissions instead of allowing heavier vehicles that are older (greater than 8 years) to operate
Wider directions and next steps
In November, the Honorable CAQM directed the governments of Delhi and neighbouring states to take action to mitigate traffic management and urban mobility. These are two major traffic problems in the NCR region. In addition, the CAQM noted stubble burning is an ongoing issue in the region. The bench further stressed that the environmental crisis cannot solved with a series of small, piecemeal measures. Furthermore, the authorities must maximize compliance by preventing delays and preventing non-compliance.
The CAQM’s directive prohibits the use of fuel on end-of-life (EOL) vehicles and is due to implemented in the NCR starting in November. Furthermore, the penalty for non-compliance with this order will be the same as that for non-compliance with the pollution laws.
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