No legal provision has been implemented by the government for 15 yr-old diesel vehicles in Delhi.
The Ministry of Heavy Industries and Public Enterprises said, “The tribunal's orders of July 18 and July 20, in which it had directed the Delhi government to cancel the registration of all diesel-powered vehicles which are more than 10-year-old from plying in the city, was in "contravention" of the provisions of the Motor Vehicle Act.”
"At present no legal provisions exist under which diesel vehicles which are more than 15 years old and are BS I or BS II compliant could be scrapped," the ministry said in its affidavit filed before the green panel.
Ministry added, "Forcible scrapping of vehicles might give rise to various litigations and such an order would amount to penalizing the motor vehicles owners who have complied with the law of the land".
"It is apprehended that forcible scrapping of vehicles done in compliance of the Tribunal's order may give rise to innumerable writ petitions by affected vehicle owners, in various courts leading to wastage of precious time of these courts," the affidavit said.
"There is no provision in the Motor Vehicle Act, 1988 as amended in 2015 or any rule made thereunder that has been violated by the motor vehicles whose registration has been ordered to be cancelled," it said.
The motor vehicles of Delhi have to carry a valid Pollution under Control certificate. It added that, "there is already a mechanism in place to allow only those motor vehicles to ply on road that comply with the requirement of having a valid PUC certificate".
An affidavit has been filed by the ministry in collaboration to the NGT's direction. Moreover, NGT has asked Delhi government to give a status of electric and hybrid vehicles in the country.
The NGT had said” In context of July 20 order, deregistration of 15 to 10 years old diesel vehicles in the national capital would be carried out in a phased manner and had barred entry of such trucks with national permits in Delhi-NCR.”