The Delhi High Court on Monday refused to grant interim relief against the Delhi government's decision to prohibit the entry of non-Delhi-registered vehicles that do not comply with BS-VI emission standards into the national capital from November 1 to January 31, Live Law reported. A division bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma issued notice on the plea challenging the restriction and directed that the matter be listed along with a related case on November 27.
Source: Live Law
The petition has been filed by Faridabad-based advocate Gurmukh Dass Kohli, challenging the June 23, 2026 notification issued by the Department of Environment and Forests, Government of NCT of Delhi, under Section 5 of the Environment (Protection) Act, 1986, ANI reported. The respondents include the Government of NCT of Delhi, its Environment and Forests and Transport departments, Delhi Police, the Commission for Air Quality Management (CAQM) and the Union Ministry of Environment, Forest and Climate Change.
Source: ANI via Daily Prabhat
'Exhaust does not change with the registering authority'
Appearing for the petitioner, advocate Anurag Saxena argued that Delhi requires a comprehensive pollution-control strategy rather than a piecemeal or knee-jerk approach that differentiates between otherwise identical vehicles based on their place of registration, Live Law reported. The plea contends the restriction is arbitrary and discriminatory because pre-BS-VI vehicles registered in Delhi may continue to ply in the capital during the ban period while similar vehicles registered in neighbouring states are barred from entering. '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.
Source: Live Law
The petitioner has further argued that the restriction disproportionately affects residents of the integrated National Capital Region, including advocates and litigants who travel to Delhi regularly, that it applies as a blanket ban irrespective of the Air Quality Index on a given day, and that the notification itself provides less restrictive alternatives such as year-round enforcement measures and enhanced parking charges. The plea also contends that the revised Graded Response Action Plan (GRAP) issued by the CAQM in September does not envisage such a restriction. The High Court declined interim relief at this stage and will consider the challenge on November 27, which means the entry restriction stays in force in the meantime.
Source: Live Law
