In a bid to combat the severe air pollution crisis in Delhi, authorities have implemented stringent measures to address vehicular emissions. One such measure is the impoundment of 15-year-old vehicles. The Delhi Government has now started towing away the vehicles even when they are parked in private spaces or remain unused.
India has pledged to reach net-zero emissions by 2070 at the 2021 United Nations Climate Change Conference. Reducing the use of plastic and minimising carbon footprints by carpooling or using public transport are some of the measures to reduce emissions.
Many of those whose old cars have been impounded without prior notice have come forward to contest the Delhi government’s move. A man from West Delhi who owns four cars found out that one of them had been towed away from outside his house. He then filed a writ petition before the Delhi High Court, contesting the way authorities had taken his car without notice. He said that the value of the car was much higher than what a second-hand dealer or scrapper would give. The Delhi High Court stayed the scrapping till it took a final decision.
A few months ago, a retired government servant approached the Delhi High Court seeking a stay on the dismantling of her heritage car. The bench of Justice Manoj Ohri of the Delhi High Court restrained the transport department from scrapping the car under the End-of-Life scheme.
A similar case was seen when Tehseen Poonawalla, a popular entrepreneur and political analyst, posted a video on Twitter referring to the chief minister of Delhi seeking justifications when his 15-year-old unused car was towed away from his private parking within the boundaries of a gated residential society. Poonawalla alleged that the authorities smashed the window of the car he had kept for sentimental reasons.
In the past, the Delhi High Court allowed a resident to park his expired motorcycle for which he had a sentimental value as long as he obeyed the rules regarding keeping it within his private house. In another case, a Delhi resident had his motorbike taken away from near Moolchand flyover in 2021. He petitioned the Saket Court for its return. In December 2021, the Magistrate Court ordered the bike owner to pay the fine and transfer the bike to a “scrapper” appointed by the government to dispose of the vehicle. The Sessions Court, on the other hand, recognised the owner’s “sentiment” argument and permitted him to keep his bike.
Many senior citizens have sought exemption of their vehicles from the scrappage policy. They said they were not entitled to any government pension, social security or had any source of income and were dependent on their children and therefore, their vehicles should not be included under this policy.
The National Green Tribunal in Vardhaman Kaushik vs Union of India directed that all diesel vehicles more than 10 years old and petrol vehicles more than 15 years old would not be permitted on the roads of NCR, Delhi. Subsequently, in October 2018, the apex court in MC Mehta vs Union of India gave the order to impound 15-year-old diesel and 10-year-old petrol vehicles on the roads of Delhi NCR if found plying. The bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta, directed the Central Pollution Control Board to create a social media account for citizens where they could lodge complaints about polluted vehicles. Consequent to the order, the Transport Department, Government of NCT, impounded 54,422,267 vehicles as of January 31, 2023.
However, the government has its own reasons for scrapping old vehicles. Nitin Gadkari, Minister of Road Transport and Highways, while addressing an event organised by FICCI, said: “The Indian government is trying to transform the mobility sector in the country and is trying to make it more sustainable and carbon neutral and to achieve the same, the Government is promoting the use of electric vehicle.”
In November 2022, the Ministry proposed mandatory non-renewal of all vehicles older than 15 years from April 1, 2023, all over India, including buses owned by transport corporations and public sector undertakings. The Delhi government’s decision to impound 15-year-old vehicles is rooted in the recognition of the detrimental impact of vehicular emissions on air quality and public health. The policy aims to target older vehicles that tend to have outdated emission control technologies, which contribute significantly to air pollution.
However, this rule will not be applicable to special purpose vehicles used for operational purposes such as defence, maintenance of law and order and internal security. Gadkari proclaimed his intention to establish at least three scrapping facilities in each district to ease vehicle scrapping. After 15 years, personal automobiles must pass a fitness test. If the exam is passed, the registration will be renewed for another five years. Private vehicles which renew their fitness certificate after 20 years will have to pay an increased fee of Rs 7,000 and another Rs 5,000 for renewing the registration. Otherwise, the vehicle must be scrapped. The government announced that private vehicles which were 20 years old will be automatically de-registered if they fail the fitness test or their registration certificate is not renewed from June 1, 2024.
One of the contentious aspects of the scrappage policy is the impoundment of vehicles in private spaces such as residential complexes or gated communities. The justification behind their impoundment lies in the principle that air pollution is a collective problem affecting the entire city, and therefore, restrictions on older vehicles should extend to private properties as well. However, this has led to conflicts between vehicle owners and authorities, with the former arguing that it is a violation of private property rights.
But the question is what happens to antique cars? Though the policy does not explicitly exempt antique cars, many argue that these vehicles should be treated differently. Antique cars, often prized for their historical value and rarity, are typically not used for regular commuting or extended periods. They are often displayed in private collections or showcased at exhibitions and events. The authorities could, therefore, create a provision to exempt antique cars from impoundment, subject to certain conditions, such as limited usage or display purpose.
Owners of impounded vehicles have faced difficulties in navigating the system and seeking recourse. While going to court remains an option, it is time-consuming and expensive. However, recent developments suggest that the Delhi government is working to streamline the process and provide a more accessible mechanism for vehicle owners to contest impoundment decisions. This could involve setting up special tribunals or introducing an independent appeals process.
Critics of the impoundment policy argue that it unfairly targets certain segments of society, particularly those who rely on older vehicles due to financial constraints or lack of access to alternative modes of transportation. Advocates for alternative solutions emphasise the importance of phasing out older vehicles through incentives, scrappage programmes and promoting the adoption of electric and hybrid vehicles.
Simultaneously, efforts must continue to improve public transportation, promote eco-friendly alternatives and address the root causes of air pollution to ensure a sustainable and healthier future for Delhi’s residents.
—By Ritika Gaur and India Legal Bureau