In view of the continuously deteriorating air quality in Delhi-NCR, the government is now preparing to take strict action against old vehicles. Commission for Air Quality Management i.e. CAQM has started work on preparing a detailed roadmap to control pollution. Under this roadmap, a proposal can be made to completely discontinue old vehicles of BS-I, BS-II and BS-III categories. Not only this, a plan is being considered to remove BS-IV vehicles from the roads in the next five years. Its purpose is to clean the air of the capital and save people from serious health problems.

When and how will old vehicles be removed?

• According to a TOI report, a committee headed by IIT Madras professor Ashok Jhunjhunwala has prepared a draft roadmap in this regard, which has been shared for feedback. In this proposal, it is recommended to immediately phase out BS-I, BS-II and BS-III vehicles, phase out BS-IV vehicles in the next five years and also phase out BS-VI vehicles between 2035 and 2040. The committee says that when Delhi’s AQI crosses 250, a newborn child inhales pollution equivalent to 10 to 15 cigarettes every day, which is extremely worrying.

Why more strictness on commercial vehicles?

• In this proposal, special attention has been given to commercial vehicles, because they spread more pollution. The committee believes that the purchase of new petrol and diesel vehicles should be gradually reduced and it is necessary to promote zero tailpipe emission (ZTE) vehicles such as electric and hydrogen. According to the proposal, all new commercial two-wheelers and taxis registered after April 2027 should be of ZTE category only.

What will be the impact on common people?

• The government also understands that sudden discontinuation of BS-VI vehicles purchased in recent years will cause harm to people. Therefore, a transition period of 10 to 15 years is being considered for BS-VI two-wheelers and cars. Besides, a suggestion is also included to limit the use of BS-IV vehicles in high pollution seasons. Overall, the government’s focus is on reducing pollution as well as reducing the burden on the people.

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Delhi high court: According to the new rule, which came into effect from 1 July in Delhi, 10 -year -old diesel and 15 year old petrol trains are not allowed to run on the road. Recognizing this rule, the petrol pump owners were not giving oil to these vehicles. However, he was still fined, due to which he filed a petition in the court. Now the court has issued a notice to the Delhi Government and the Commission for Air Quality Management Committee and sought a reply.

In the Delhi High Court, a bench of Justice Mini Pushkarna, while hearing a petition filed by the Delhi Petrol Dealers Association, has issued a notice to both the parties and listed the case for the next hearing in September.

Petitioners argued in Delhi HC

In fact, from July 1, the instructions for not giving petrol and diesel to the old vehicles in Delhi have been implemented by the Commission for Air Quality Management. For this, the Transport Department, Police and Traffic Department of Delhi Government have made a comprehensive strategy.

However, the petitioners have supported the intention behind these instructions, saying that they are opposed that such rules are being implemented on petrol pump owners, whose enforcement has no legal rights.

Does the rules not apply to petrol pump operators?

The lawyer appearing on behalf of the petitioners in Delhi HC argued that action is being taken against petrol pump operators under Section 192 of the Motor Vehicle Act, while this section does not apply to them. He said that petrol pump dealers are being given the responsibility of implementing the instructions being implemented by the Delhi government, which is out of their jurisdiction.

In such a situation, even if there is an unknowable lapse, they are being punished. It has also been said in the petition that about three thousand vehicles come to a petrol pump daily to fill the oil and sometimes oil is given from several units simultaneously, in which case the possibility of mistake cannot be ruled out.

Is it wrong to implement law on petrol pump owners?

According to the application filed in Delhi HC, petrol pump operators are private institutions that work on contract with oil marketing companies. Having the responsibility of implementing them the law is a violation of the principles of rule of law. However, the petition also acknowledged that strict steps are necessary for pollution control in the NCR area.

According to government officials, CNG -powered overseas vehicles are currently exempted from this rule. In such a situation, it will be very important to see what answer the government files on the petition filed in the court. In 2018, the Supreme Court banned diesel more than 10 years old and petrol vehicles older than 15 years in Delhi. At the same time, the 2014 order of NGT also prohibits parking in public places of vehicles older than 15 years.