Delhi HC directs BS-IV vehicle plea to SC

The Delhi High Court on Saturday asked a petitioner challenging the ban on entry of private BS-IV emission norm vehicles registered outside the national capital to approach the Supreme Court, noting that the apex court is already seized of matters relating to air pollution in Delhi and the National Capital Region (NCR).

Justice Sachin Datta observed that the Supreme Court has passed elaborate orders on issues concerning air quality and vehicular pollution, and similar grievances should be raised before the top court. Disposing of the petition, the court said the petitioner was at liberty to seek appropriate relief from the Supreme Court, which is dealing with the broader issue of air pollution in the region.

Apart from directing the petitioner to approach the Supreme Court, the Delhi High Court also said that the December 17 notification was issued to address air pollution, and noted that the Supreme Court is already passing detailed orders on air quality issues in Delhi-NCR. Referring to an earlier division bench ruling, the court declined to examine the merits of the plea or grant interim relief, disposing of the petition in the interest of judicial discipline to avoid parallel proceedings.

The court was hearing a plea filed by Sonica Ghosh, a resident of Noida, seeking removal of the ban on private vehicles conforming to Bharat Stage-IV (BS-IV) emission norms and registered outside Delhi from entering the city.

The ban was notified on December 17 by the Delhi government’s Department of Environment and Forest as part of the Graded Response Action Plan (GRAP) to curb air pollution.

In her plea, Ghosh contended that the GRAP-IV framework and its implementation were notified without adequate due diligence. She argued that the orders prohibit the entry of private vehicles registered outside Delhi and classified as non-BS-VI, and also provide for coercive measures such as impoundment of vehicles and penal action against owners.

The restriction has raised broader concerns, with critics pointing to unequal treatment of vehicle owners, as BS-IV vehicles legally registered and compliant under national norms face penalties solely on the basis of registration location. The sudden implementation has also disrupted daily commuters from NCR cities, imposed financial burdens through fines and possible impoundment, and posed enforcement challenges at border check-posts. Critics further question the limited impact of the measure on overall air pollution, noting that vehicular emissions are only one of several contributing factors, and highlighting the lack of coordinated policy across Delhi and neighbouring NCR states.

The petitioner had sought a stay on the ban and restraint on authorities from taking coercive action against BS-IV vehicles. However, the high court declined to examine the matter on merits and directed the petitioner to approach the Supreme Court.