“Currently, there is no legal provision under which diesel vehicles that are more than 15-year-old and BS-I or BS-II compliant can be scrapped,” the government told the National Green Tribunal (NGT) on Friday.
The Union Ministry of Heavy Industries and Public Enterprises maintained that the Tribunal’s orders of July 18 and 20, where it had directed the Delhi government to cancel the registration of all decade-old diesel-powered vehicles was in “contravention” of the provisions of the Motor Vehicle Act.
The Ministry, in its affidavit filed before the green court, maintained that “forcible scrapping” of vehicles might give rise to various litigations.
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It added: “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 can be scrapped.”
The Ministry added that there was no provision in the Motor Vehicle Act, 1988, as amended in 2015 or any rule made there under that has been violated by the motor vehicles whose registration has been ordered to be cancelled.
The Ministry had filed the affidavit in pursuance to the NGT’s direction, which had asked it to give the status of electric and hybrid vehicles in the country and also about the benefits the Ministry was considering for those who wish to dispose of their old vehicles.
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Additional Solicitor General (ASG) Pinky Anand, who is representing the Ministry, will argue the matter before the Tribunal on August 2.
In its July 20 order, the NGT had said that deregistration of 15 to 10 years old diesel vehicles in the city would be carried out in a phased manner and had barred the entry of such trucks with national permits in Delhi-NCR.
Meanwhile, the Ministry also maintained that electric and hybrid vehicles will be made available to buyers on an “upfront reduced price”.