The Supreme Court on Wednesday withdrew the protection given to owners of 10-year-old diesel and 15-year-old petrol vehicles that meet BS-III emission standards or below in Delhi-NCR. The court modified its August 12 order, which had earlier stopped authorities from taking coercive action against such vehicle owners.

CAQM warns of rising pollution

The decision followed a recommendation from the Commission for Air Quality Management (CAQM). The panel told the court that the August 12 order allowed highly polluting vehicles to return to the roads. State authorities could not impound these vehicles, which increased the pollution load in the region.

Court defines scope of protection

A bench led by Chief Justice of India Surya Kant, along with justices Joymalya Bagchi and Vipul M Pancholi, clarified the revised position. The bench said, “The August 12, 2025 order is modified to the extent that no coercive steps shall be taken against the owners of BS-IV and newer emission standard vehicles on the ground that they are 10-year old diesel and 15-year old petrol vehicles.”

This means BS-IV and newer vehicles will continue to get protection. Authorities can now take action against BS-III and older vehicles.

Expert body flags health risks

Additional Solicitor General Aishwarya Bhati presented the CAQM’s findings to the court. She said the panel reviewed vehicle-related pollution in Delhi-NCR. It found that BS-I, BS-II and BS-III vehicles still operate on the roads. The commission said this poses a serious risk to public health amid already high pollution levels.

“For controlling vehicular emissions, BS-III and below standard vehicles are required to be kept out of purview of order dated August 12, 2025 of the Supreme Court considering the emission potential of these vehicles in comparison to BS-VI emission standards.”

Vehicular emissions remain a major contributor

The CAQM said vehicular pollution remains one of the biggest reasons for poor air quality in Delhi-NCR. The movement of End of Life vehicles has long raised concerns. The National Green Tribunal passed multiple orders in 2014 and 2015 to restrict such vehicles. The Supreme Court upheld those directions on October 29, 2018.

Older vehicles dominate the roads

The commission said BS-III vehicles have run on NCR roads for over 15 years. BS-II vehicles have operated for more than 20 years. BS-I vehicles have been in use for over 24 years.

The panel also flagged winter as a critical period. Poor weather conditions prevent pollutants from dispersing. “Since Delhi-NCR faces an extraordinary situation, specially during the winter season due to poor dispersal of pollutants on account of unfavourable meteorological conditions, there is a need to restrict plying of polluting vehicles based on emission standards in Delhi-NCR,” the report said.

Fuel ban and enforcement plan

The CAQM said around 93% of vehicles in Delhi-NCR are light motor vehicles and two-wheelers. These categories form the bulk of polluting vehicles. To enforce court orders, the panel directed in April 2025 that authorities must deny fuel to all End of Life vehicles from November 1 this year. It also ordered a similar fuel ban in five high vehicle-density NCR districts from April 1, 2026.