Supreme Court Clears Action Against Overaged Diesel and Petrol Vehicles Below BS-IV in Delhi NCR

In a significant clarification, the Supreme Court on Wednesday (December 17) modified its August 12 order and ruled that coercive action can be taken against diesel vehicles older than 10 years and petrol vehicles older than 15 years in the National Capital Region if they fail to meet 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 following a request from the Delhi Government, which cited the deteriorating air quality in the national capital while seeking action against older vehicles.

Additional Solicitor General Aishwarya Bhati, appearing for the Delhi Government, sought a modification of the Supreme Court’s August 12, 2025, order to allow action against vehicles up to BS-III standards, arguing that older vehicles have poor emission performance and significantly contribute to air pollution.

Supporting the submission, Senior Advocate Aparajita Singh, the amicus curiae in the air pollution matter (MC Mehta case), noted that BS-IV emission norms were introduced in 2010, and vehicles conforming to BS-III standards predate that period, reinforcing the case for regulatory action.

Dictating the order, the bench clarified that the August 12 ruling stands modified to the extent that no coercive action shall be taken against owners of BS-IV and newer vehicles solely on the ground of age, 10 years for diesel vehicles and 15 years for petrol vehicles.

The court recalled that in 2015, the National Green Tribunal (NGT) had barred diesel vehicles older than 10 years and petrol vehicles older than 15 years from operating in the Delhi-NCR region to curb air pollution, a direction that was upheld by the Supreme Court in 2018. Subsequently, in 2024, the Delhi Government issued the Guidelines for Handling End-of-Life Vehicles in Public Places of Delhi to regulate the removal and disposal of such vehicles.

Recently, the Delhi Government had directed that end-of-life vehicles would be denied fuel at petroleum outlets from July 1, 2025. However, the decision was subsequently put on hold following public backlash.

Thereafter, the Delhi Government approached the Supreme Court seeking a modification of the ban, pursuant to which the August 12 order was passed.

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