The Delhi High Court on Monday refused to immediately stay the Delhi government’s notification barring vehicles registered outside the Capital that do not meet Bharat Stage-VI (BS-VI) emission standards from entering the city.
A bench of acting chief justice Nitin Sambre and justice Sanjay Sharma said a petition challenging the restrictions, filed by Faridabad-based lawyer Gurumukh Das Kohli, would be heard on November 27 along with a similar petition.
The restrictions came into force on Sunday as part of the Delhi government’s Winter Action Plan, which will remain in effect until January 31, 2027. The measures also include a directive prohibiting fuel stations from dispensing fuel to vehicles without a valid pollution under control certificate (PUCC).
Deep Dive
Which out-of-state vehicles are barred from entering Delhi under the winter restrictions?
Why is the Delhi High Court petition challenging the BS-VI entry ban?
Did the Delhi High Court stay the restrictions, and when will it hear the case?
In his petition, Kohli said he owned a BS-IV petrol vehicle registered in Haryana and argued that the restriction discriminated between vehicles based on their place of registration rather than their actual emissions.
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He contended that the blanket three-month restriction applied irrespective of daily air quality levels and was inconsistent with the Commission for Air Quality Management’s (CAQM) revised Graded Response Action Plan (GRAP), which provides for restrictions based on pollution levels.
{{/usCountry}}He contended that the blanket three-month restriction applied irrespective of daily air quality levels and was inconsistent with the Commission for Air Quality Management’s (CAQM) revised Graded Response Action Plan (GRAP), which provides for restrictions based on pollution levels.
{{/usCountry}}The Delhi traffic police had announced the restrictions on Friday, urging motorists travelling to the Capital to check whether their vehicles met the prescribed emission standards before setting out.
The decision comes days after the Delhi High Court Bar Association (DHCBA) sought exemptions for advocates, judges and court staff from the proposed BS-VI vehicle restrictions.
In a letter to acting chief justice Nitin Sambre and Delhi lieutenant governor Taranjit Singh Sandhu, DHCBA president and senior advocate N Hariharan said a large number of lawyers commute daily from neighbouring cities, including Noida, Gurugram and Ghaziabad.
Also Read:BS-IV out, BS-VI in: What Delhi’s winter entry curbs mean, and how much cleaner newer vehicles are
Urging the authorities to consider these provisions while implementing the restrictions, the association said the high cost of housing in Delhi made it unaffordable for many advocates, judges and court staff to live in the Capital. It argued that these individuals perform the essential service of administering justice and should be exempted from the restrictions.
The letter also pointed out that BS-VI emission standards were introduced in Delhi in 2020, while the transport department and the Supreme Court had, through various orders, allowed vehicles meeting earlier emission standards to operate within specified lifespans — up to 10 years for diesel vehicles and 15 years for petrol vehicles.