New Delhi, 02 November (H.S.): The Delhi High Court on Monday declined to stay the Delhi government's decision to prohibit the entry of vehicles registered outside the national capital that do not meet BS-VI emission standards. The restriction, introduced under the government's Winter Action Plan, came into effect on November 1 and will remain in force until January 31, 2027.

A Division Bench headed by Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notice to the Delhi government on a petition challenging the restriction. The Bench directed that the matter be listed along with a related case on November 27.

The petition was filed by Faridabad-based advocate Gurmukh Dass Kohli, who has challenged the June 23 notification issued by the Department of Environment and Forests. The notification prohibits vehicles registered outside Delhi that do not comply with BS-VI emission standards from entering the capital for a period of three months.

Describing the restriction as arbitrary and discriminatory, the petitioner argued that vehicles registered in Delhi that do not meet BS-VI standards would continue to be allowed to operate in the capital during the restriction period, while comparable vehicles registered in neighbouring states would be barred from entering the city.

According to the petitioner, this amounts to a violation of Article 14 of the Constitution, which guarantees equality before the law. The plea contends that the classification is based on the place of vehicle registration rather than its emission characteristics, even though vehicles with similar emission standards would have the same environmental impact.

The petition also questioned the rationale and proportionality of imposing a blanket restriction for three months, round the clock, without any scientific assessment. It argued that the ban would apply irrespective of the Air Quality Index (AQI) recorded in Delhi on a particular day, even when air quality might be relatively better.

The petitioner further pointed out that the revised Graded Response Action Plan (GRAP), issued by the Commission for Air Quality Management (CAQM) in September, does not provide for any such blanket seasonal restriction on vehicles registered outside Delhi.

The plea also maintained that the notification itself envisaged less stringent alternatives, including year-round enforcement of applicable regulations and doubling parking charges. However, the government chose to impose a direct entry ban instead.

The petitioner claimed that the decision would affect more than 10 lakh vehicle owners in neighbouring cities, including Noida, Ghaziabad, Gurugram and Faridabad. Many of them commute to Delhi daily for work and other purposes, including attending court proceedings.

The High Court has not granted interim relief against the restriction and will consider the challenge along with the related matter on November 27.

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Hindusthan Samachar / Jun Sarkar