Fresh Directions Issued To Tackle Problem
SC modifies order on old vehicles amid Delhi pollution crisis: Reports
NEW DELHI: In view of the severe air pollution levels in Delhi-NCR, the Supreme Court on Wednesday issued a series of directions to mitigate the crisis and asked the National Highways Authority of India (NHAI) and the Municipal Corporation of Delhi (MCD) to consider temporarily closing or relocating nine toll plazas at the borders of the national capital to ease traffic congestion.
The apex court also permitted Delhi government authorities to take coercive action against old vehicles that do not meet Bharat Stage-IV (BS-IV) emission standards.
A three-judge bench headed by Chief Justice of India Surya Kant, and comprising Justices Joymalya Bagchi and Vipul M. Pancholi, modified its August 12 order that had imposed a blanket bar on coercive action against diesel vehicles older than 10 years and petrol vehicles older than 15 years.
The directions were issued while hearing the long-pending MC Mehta case on air pollution. Flagging weak enforcement of preventive measures, the court described air pollution as an “annual feature” and called for pragmatic and practical solutions to address the recurring crisis.
Posting the matter for further hearing on January 6, the bench reiterated that air pollution cases should be heard at least twice a month throughout the year.
The court refused to interfere with the Delhi government’s decision to close schools for students from nursery to Class 5, observing that no further intervention was required as the winter vacation was approaching.
To ease vehicular congestion at Delhi’s borders, the court asked the NHAI and the MCD to consider shifting or temporarily closing nine toll plazas located at entry points to the capital. The MCD was directed to take a decision within one week on whether these toll plazas could be shut temporarily to ensure smoother traffic flow and reduce emissions.
Stressing the need for effective implementation, the bench said existing measures often fail due to poor enforcement. “Let us think of pragmatic and practical solutions to the menace,” the Chief Justice observed.
Taking note of the impact of pollution-related restrictions on livelihoods, the court directed the Delhi government to urgently verify construction workers rendered idle due to curbs and ensure direct transfer of financial assistance to their bank accounts. It also cautioned against leakages and asked the government to explore alternative employment options for affected workers.
Observing that air pollution recurs every winter, the court directed the Commission for Air Quality Management (CAQM) to revisit and strengthen its long-term strategies. It also asked CAQM and NCR governments to examine key issues such as urban mobility, traffic management, and incentivising farmers to prevent stubble burning, noting that piecemeal measures would not solve the problem.
Allowing a plea by Additional Solicitor General Aishwarya Bhati, appearing for the Delhi government, the court modified its August 12 order. It clarified that no coercive action shall be taken against BS-IV and newer vehicles solely on the basis of age.
“The order dated August 12 is modified to the extent that no coercive steps shall be taken against owners of vehicles which are BS-IV and newer, merely on the ground that they are above 10 years old in the case of diesel vehicles and 15 years old in the case of petrol vehicles,” the court said.
The ASG urged the court to allow action against vehicles up to BS-III standards, arguing that older vehicles contribute disproportionately to pollution. The submission was supported by senior advocate Aparajita Singh, assisting the bench as amicus curiae, who noted that BS-IV norms were introduced in 2010 and vehicles manufactured prior to that fall under more polluting categories.