High Court Decision on Vehicle Entry Ban

The Delhi High Court has declined to grant a stay on the city administration’s decision to prohibit non-Delhi-registered vehicles that do not comply with BS-VI emission standards from entering the capital. This decision will be effective from November 1 to January 31, as reported by the Press Trust of India. The bench, comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma, chose not to issue an interim order at this stage. The court has issued a notice regarding a petition filed by Gurmukh Dass Kohli, a lawyer based in Faridabad, and scheduled the case for a hearing on November 27, alongside a related matter.

Details of the Petition

Kohli’s petition, represented by advocate Anurag Saxena, challenges a notification from the Department of Environment and Forests dated June 23, which bans the entry of non-Delhi-registered pre-BS-VI vehicles into the capital for a period of three months. In the petition, Saxena argues that the city requires a comprehensive strategy to address pollution rather than a “piecemeal or knee-jerk response” that treats similar vehicles differently based solely on their registration.

The petition contends that while pre-BS-VI vehicles registered in Delhi will be permitted to operate during the ban, those registered outside the city will face restrictions. This, according to the petition, results in “differential treatment” that disproportionately affects residents of the integrated National Capital Region, including legal professionals and litigants. The argument highlights the need for equitable treatment in the enforcement of environmental regulations.

Furthermore, the petition asserts that the policy is disproportionate since the ban will be in effect regardless of the Air Quality Index on any given day. It points out that the notification itself allows for less restrictive measures, such as year-round enforcement and increased parking charges. The petition states, “Under the Impugned Direction, from 01.11.2026 to 31.01.2027, on every day and at every hour, irrespective of the Air Quality Index on that day, the Petitioner will be barred from driving his duly registered Haryana vehicle into Delhi, while an otherwise comparable BS-IV vehicle registered in Delhi is outside the scope of the same restriction.”

Arguments Against the Ban

The petition further argues that the classification of vehicles based on their registration location rather than their emissions fails to align with the objective of controlling pollution. It claims that exhaust emissions do not change based on the registering authority and that the distinction made by the ban lacks a logical connection to its intended purpose. The petition invokes Article 14, which guarantees equality before the law, to support its claims.

Additionally, the petition points out that the revised Graded Response Action Plan issued by the Commission for Air Quality Management in September does not support such a restriction. It asserts that the decision to implement the ban was not based on any scientific assessment, raising questions about its validity. The High Court’s refusal to grant interim relief means that the three-month vehicle-entry ban will remain in effect while the petition is under consideration.

The hearing on this matter, along with related cases, is set for November 27, where the court will further examine the implications of the ban and the arguments presented by the petitioners. The outcome of this case could have significant ramifications for vehicle regulations and air quality management in the National Capital Region.

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