Order

With a view to tackle problems arising out of chaotic traffic condi­tions and vehicular pollution and not being satisfied with the steps taken by the concerned authorities in addressing themselves to those problems, this Court issued certain directions accepting the report of Bhure Lal Committee, as it was felt by the Court that any further delay in the performance of its duty by the Administration could not be permitted. At this stage, we are concerned only with the direction issued by this Court to the effect that all commercial vehicles which are more than 15 years old shall not be permitted to ply in the Na­tional Capital Territory of Delhi with effect from 2nd October, 1998.

2. An affidavit has been filed by Shri S. Raghunathan, Principal Secretary-cum-Commissioner Transport, Government of National Capital Territory of Delhi on 28th August, 1998. The learned Solicitor General appearing for the Administration submits that phasing out and banning all commercial vehicles which are more than 15 years old by October 2, 1998 would lead to great hardship to the owners of those vehicles in particular and to the general public which makes use of those vehicles in general. It is, therefore, submitted by him that we may relax the rigour of the order regarding banning of 15 years old commercial/transport vehicles with effect from 2nd October, 1998 and he assures the Court that the Administration itself is keen to phase out all such vehicles gradually to ease the pollution level in the city. It is submitted that the ban order may be applied in phases.

3. A chart has been filed by the learned Solicitor General giving a break up of the count of the number of commercial/transport vehicles which have paid road tax atleast once after 1st April, 1997 yearwise. According to that chart we find that the number of commercial/trans­port vehicles are:-

(a) More than 25 years                                                 old. 5,718

(b) Between 24 and 25                     years old. 954

(c) Between 23 and 24                     years old. 635

(d) Between 22 and 23                    years old. 524

(e) Between 21 and 22                   years old. 748

(f) Between 20 and 21                      years old. 770

Thus, the total number of vehicles which are more than 20 years old are 9,349. These vehicles are all commercial vehicles which have been registered and on which road tax has been paid.

The count of vehicles which are more than 15 years but less than 20 years old are:-

(a) Between 17 to 19                         years 3,200

(b) Between 15 to 16                      years 4,962

4. To mitigate the hardship, as pointed out by learned Solicitor General and taking note of the assurance given by him, we modify our previous order and direct that:

(a) all commercial/transport vehicles which are more than 20 years old (9,349) shall be phased out and not permitted to ply in the National Capital Territory Delhi after 2nd October, 1998;

(b) all such commercial/transport vehicles which are 17 to 19 years old (3, 200) shall not be permitted to ply after 15th November, 1998;

(c) such of the commercial/transport vehicles which are 15 years and 16 years old (4, 962) shall not be permitted to ply after 31st December, 1998.

5. This order shall apply to all commercial/transport vehicles whether registered in the National Capital Territory of Delhi or outside (but ply in Delhi) which are of more than the stipulated age.

6. This ban order shall also be applicable to all such vehicles which do not have any authority or permit to ply in the National Capital Territory of Delhi.

7. Apart from the commercial/transport vehicles which are registered, as noticed above, we are informed that there are vehicles whic