Delhi HC notice on plea over fine on fuel station owners

The Delhi Petrol Dealers Association filed a petition arguing that fuel station owners are being unfairly saddled with enforcement responsibilities without being given the legal authority to do so

The Delhi high court on Wednesday issued a notice in response to a petition challenging the Delhi government’s order penalising petrol pump owners for refuelling end-of-life vehicles (ELVs), which are banned in the city as part of efforts to reduce air pollution.

On June 17, the government also issued standard operating procedures (SOPs) to enforce the ban. (Shutterstock)

The Delhi government’s May 13 order directed all fuel stations in the city not to dispense fuel to petrol vehicles older than 15 years and diesel vehicles older than 10 years. Any violation of the ban, the order said, would attract penalties under Section 192 of the Motor Vehicles Act, which would entail a fine of ₹5,000 for the first offence and imprisonment up to one year or fine of ₹10,000 for the second offence.

On June 17, the government also issued standard operating procedures (SOPs) to enforce the ban. The SOPs required all fuel stations to maintain logs—manual or digital—of denied transactions and display signage informing customers of the ban, which formally came into effect on July 1.

However, the Delhi Petrol Dealers Association filed a petition arguing that fuel station owners are being unfairly saddled with enforcement responsibilities without being given the legal authority to do so. The association claimed that these duties amount to public law enforcement and are beyond the scope of private entities operating under licenses from oil marketing companies.

“By forcing such petrol pump owners to perform law enforcement duties, the impugned orders are undermining the Rule of Law which dictates that it is the ultimate responsibility of the State to prevent any illegal activity,” the petition stated. It further argued that the government’s move is “manifestly arbitrary, irrational, unreasonable, and disproportionate,” as pump owners could be penalised for mistakes or oversights that may be out of their control.

A bench led by Justice Mini Pushkarna sought responses from the Delhi government and the Commission for Air Quality Management (CAQM) and posted the matter for further hearing in September. The court’s intervention comes amid heightened scrutiny over the implementation of vehicle emission norms in Delhi-NCR, with the ELV fuel ban seen as a key strategy in reducing vehicular pollution.