The Delhi High Court on Monday refused to stay the city administration's decision to bar non-Delhi-registered vehicles that do not meet BS-VI emission standards from entering the capital between November 1 and January 31, even as intensified checks at interstate borders triggered massive traffic snarls, leaving commuters stranded for hours.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma declined to pass any interim order on a plea challenging the restriction, issued notice and listed the matter for hearing along with a related case on November 27.
The restriction, introduced as part of Delhi's winter pollution-control measures, bars petrol and diesel vehicles registered outside the capital that do not comply with BS-VI emission standards. Electric and CNG vehicles, as well as BS-VI-compliant vehicles, are exempt.
Meanwhile, intensified checks at Delhi's interstate borders led to long queues on roads connecting the capital with Haryana and Uttar Pradesh. Heavy congestion was reported at the Delhi-Gurugram, Delhi-Noida, Delhi-Ghaziabad, Delhi-Sonipat and Delhi-Najafgarh borders.
Traffic on NH-48 remained backed up for several kilometres near the Sirhaul toll plaza at the Delhi-Gurugram border, affecting both the main carriageway and service roads. Similar snarls were reported near Noida and Ghaziabad, where vehicles were stopped for checks.
At the Aya Nagar border, Delhi Traffic Police and Transport Department teams turned back vehicles that did not meet the prescribed BS-VI standards. Senior traffic police officers said enforcement teams across different ranges were implementing the guidelines and issuing challans for violations and incomplete vehicle documents.
The enforcement is being jointly carried out by the Delhi Environment and Transport departments and the traffic police at several entry points, including Rajokri on NH-48, DND Flyway, Ghazipur, Singhu, Tikri and Badarpur.
The court was hearing a petition filed by Faridabad-based lawyer Gurmukh Dass Kohli, represented by advocate Anurag Saxena, challenging the Department of Environment and Forests' June 23 notification imposing the three-month restriction on non-Delhi-registered pre-BS-VI vehicles.
The petitioner argued that the restriction amounted to discriminatory treatment as pre-BS-VI vehicles registered in Delhi were allowed to ply in the capital, while otherwise comparable vehicles registered in neighbouring states were barred.
Delhi needed a comprehensive plan to tackle pollution rather than a piecemeal response that treated identical vehicles differently, the petitioner's counsel submitted.
The plea also contended that the restriction was disproportionate because it applied irrespective of the Air Quality Index (AQI) on a given day. It argued that the notification itself provided for less restrictive measures, including year-round enforcement and double parking charges.
"The classification turns on the place of registration and not on emission. Exhaust does not change with the registering authority; the differentia has no nexus with the object of controlling pollution and fails the test of Article 14," the petition stated.
It further argued that the revised Graded Response Action Plan (GRAP) issued by the Commission for Air Quality Management (CAQM) in September did not provide for such a restriction and that the decision was not based on any scientific assessment.
The petitioner said the ban restricted the movement of residents of the integrated National Capital Region, including advocates and litigants who travel to Delhi from neighbouring areas.
(With inputs from PTI)