Delhi HC asks petitioner to move SC on plea to lift ban on BS IV vehicles

The Delhi High Court on Saturday asked a petitioner to approach the Supreme Court with her plea seeking removal of a ban on BS IV norms private vehicles, registered outside the national capital, from entering the city.

Justice Sachin Datta noted that the apex court has passed elaborate orders on similar issues relating to air pollution in Delhi and NCR and this petitioner should also be relegated to approach the top court.

"Perusal of the notification reveals that the same has been issued to address the problem of air pollution.

"During the course of hearing, it transpired that in an ongoing proceedings before the Supreme Court, it has passed elaborate orders with regard to similar issues of pollution on account of air quality," the court said.

The high court added it has also transpired that in the context of a similar petition filed before the division bench of this court, a view was taken that since issues regarding air quality in Delhi are being addressed by the Supreme Court, in ongoing proceedings the petitioner therein should be relegated to those proceedings.

"In line with the view taken by the division bench, the petition is disposed of while relegating the petitioner to approach the Supreme Court which is already seized of the issues regarding air quality in Delhi," Justice Datta said.

The high court was hearing the plea by Sonica Ghosh, a resident of Noida, seeking removal of a ban on private vehicles conforming to BS IV emission norms and registered outside Delhi.

The ban was notified by the Delhi government's Department of Environment and Forest on December 17.

The plea said the GRAP IV framework and its implementation have been set out and notified by authorities, without considering due requirements and due diligence.

It said the orders include prohibition on entry into Delhi of private vehicles registered outside Delhi which are classified as non-BS-VI.

It further includes coercive measures for impoundment and penal action against owner, the plea said.

The plea sought to stay and restrain the authorities from initiating coercive action on the basis of ban in respect of BS IV vehicles.