‘Delhi air pollution curbs total failure’: SC tweaks BS-IV order, directs closure of toll plazas

Supreme Court of India

Supreme Court on Wednesday pulled up authorities over persistent civic and environmental challenges in the Delhi–NCR region, flagging both traffic congestion at toll plazas and rising air pollution as areas of serious concern.

In a significant observation on traffic snarls, the apex court issued a notice to the National Highways Authority of India (NHAI) over frequent jams at Delhi’s border toll points. The bench asked NHAI to explore shifting the Municipal Corporation of Delhi’s (MCD) nine toll booths to NHAI-operated sites to ease congestion, suggesting that a portion of toll revenue could be shared with the civic body to offset any temporary losses.

On the issue of air quality, the apex court orally remarked that steps taken so far by authorities to control pollution in Delhi–NCR have been a “total failure.” A bench led by Chief Justice of India Surya Kant said that meaningful improvement would require comprehensive, long-term planning rather than ad-hoc or short-term measures.

Hearing petitions related to pollution’s impact on children, including challenges to the Delhi government’s decision to shut schools or allow hybrid classes, the court declined to intervene. It observed that such steps were interim policy decisions meant to provide temporary relief.

“The short-term measures are only to provide temporary protection to children and elderly persons. These are purely interim policy decisions. At best, they can be viewed as an extension of vacations, as schools are anyway scheduled to remain closed for 10 to 15 days during the winter,” the bench noted.

Amid worsening air quality in Delhi-NCR, the Supreme Court on Wednesday modified its earlier order, allowing authorities to take action against end-of-life vehicles that fall below BS-IV emission standards. However, the court clarified that vehicles meeting BS-IV norms or newer will remain exempt from coercive action.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order after the Delhi government sought permission to act against older, more polluting vehicles.

The Supreme Court dictated that its August 12 order would stand modified with limited effect.

“The August 12 order is modified to the extent that no coercive steps shall be taken against owners of vehicles which are BS-IV and newer on the ground that they are above 10 years old (in case of diesel engines) and 15 years old (in case of petrol engines),” the bench observed, as reported by LiveLaw.

Additional Solicitor General Aishwarya Bhati, appearing for the Delhi government, told the court that older vehicles were worsening pollution levels.

“Older vehicles, their emission standards are very poor, and they are adding to the pollution,” ASG Bhati submitted.

Senior Advocate Aparajita Singh, the amicus curiae in the air pollution case, clarified the timeline of emission norms, saying:

“BS-IV came in 2010, and BS-III models are before that.”

The clarification means that vehicles with BS-III engines or older can now face action, while BS-IV-compliant vehicles remain protected despite crossing age limits.

What was the August 12 Supreme Court order?

On August 12, the Supreme Court had directed that no coercive steps be taken against 10-year-old diesel vehicles and 15-year-old petrol vehicles in Delhi-NCR.

“Issue notice, returnable in four weeks. In the meantime, we direct that no coercive steps be taken against the owners on the ground that vehicles are 10 years old in respect of diesel vehicles and 15 years old in respect of petrol vehicles,” the bench had stated.

That order was passed after Solicitor General Tushar Mehta, representing the Delhi government, sought relief for vehicle owners.

Separately, taking note of severe traffic congestion at Delhi’s borders contributing to pollution, the Supreme Court directed the Municipal Corporation of Delhi (MCD) to consider temporarily suspending toll collection at nine toll plazas.

“MCD is directed to cooperate on the issue and to consider suspending operations at these nine toll plazas for a temporary period. A decision in this regard shall be taken within one week and placed on record,” the Court ordered.

The bench also asked the National Highways Authority of India (NHAI) to explore relocating the toll booths operated by the MCD.

“A portion of the toll collected at such sites can then be diverted to the MCD to compensate for the perceived loss arising from the temporary suspension,” the court suggested.

The directions were issued on an application filed by the NHAI, which flagged long traffic queues at Delhi’s entry points due to toll collection by the civic body.

*With Agency Inputs