Delhi HC Seeks Govt, CAQM Response on Plea Challenging Penalty to Petrol Pumps Over Fuel Ban for ELVs

Date:

New Delhi: The Delhi High Court on Wednesday issued notices to the Delhi government and the Commission for Air Quality Management (CAQM) in response to a petition filed by the Delhi Petrol Dealers Association challenging the imposition of penalties on petrol pump owners for non-compliance with the “no fuel to end-of-life vehicles (ELVs)” directive.

Justice Mini Pushkarna has directed the authorities to file their responses and listed the matter for further hearing in September.

The petition contests the government’s decision to hold petrol pump owners liable under Section 192 of the Motor Vehicles Act for allegedly supplying fuel to overage vehicles, arguing that private fuel dealers are being compelled to enforce a regulation they are not legally empowered to monitor or implement.

यह भी पढ़ें: दिल्ली हाईकोर्ट ने पेट्रोल पंप मालिकों को दंडित करने के आदेश पर दिल्ली सरकार और सीएक्यूएम से मांगा जवाब

Under the CAQM’s recent directive, petrol stations in the capital have been barred from dispensing fuel to diesel vehicles older than 10 years and petrol vehicles older than 15 years, starting July 1, to combat rising pollution levels in the city. While enforcement responsibility has been assigned to the Transport Department, Delhi Police, and traffic authorities, pump operators allege they are unfairly being penalized despite lacking enforcement powers.

Representing the petitioner, advocates Anand Varma, Adyasha Nanda, and Apoorva Pandey said the dealers are not opposed to the environmental policy but object to being subjected to criminal prosecution for unintentional non-compliance. “Petrol pump owners are private entities functioning under license agreements with oil companies—not law enforcement agencies. Imposing penalties on them undermines the rule of law, which vests this responsibility with the state,” they argued.

The petition highlights the logistical challenge at fuel stations that see up to 3,000 vehicles a day, making it virtually impossible to monitor and verify each one without errors. It asserts that even unintentional lapses are being met with disproportionate penalties, which are arbitrary and unreasonable.

The High Court noted that any action taken under the Motor Vehicles Act should be reported to the bench and recorded that the concerns raised merit further consideration.

The plea also acknowledges the necessity of curbing vehicular pollution in Delhi-NCR, but stresses that regulatory compliance must align with legal authority and procedural fairness. Notably, vehicles running on CNG are exempt from this ban.

The case brings attention to broader questions of accountability, enforcement jurisdiction, and the legal limits of private operators being tasked with implementing public mandates, even in the pursuit of environmental goals.

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