The Supreme Court on Friday refused to entertain a plea challenging the vehicle scrappage policy in Delhi-National Capital Region (NCR). .These guidelines laid down by the National Green Tribunal (NGT) prohibit the operation of diesel vehicles over ten years old and petrol vehicles over fifteen years old. The plea was filed as an interlocutory application in a pending case before the top court..A Bench of Justices Abhay S Oka and Augustine George Masih emphasized that the guidelines by NGT cannot be challenged through an interim application in a case pending before the Supreme Court.The Court further underscored that it had previously upheld the NGT’s direction on these restrictions, leaving no scope for modification in an interlocutory proceeding.."How can you challenge guidelines in an IA? Challenge the guidelines substantively This issue was dismissed by this court and the order was upheld by us regarding these vehicles. We cannot disturb the direction of NGT in an IA. As long as NGT order is not modified, we cannot do anything or clarify the order," the Court said..Therefore, the Court dismissed the IA in the ongoing MC Mehta case, holding that any challenge to the guidelines must be brought through separate proceedings.The Court also allowed withdrawal of the IA by the applicant to approach the concerned authority regarding challenge or clarification of the guidelines. It however kept it open for applicant to come back to the Court if any adverse order is passed.
The Supreme Court on Friday refused to entertain a plea challenging the vehicle scrappage policy in Delhi-National Capital Region (NCR). .These guidelines laid down by the National Green Tribunal (NGT) prohibit the operation of diesel vehicles over ten years old and petrol vehicles over fifteen years old. The plea was filed as an interlocutory application in a pending case before the top court..A Bench of Justices Abhay S Oka and Augustine George Masih emphasized that the guidelines by NGT cannot be challenged through an interim application in a case pending before the Supreme Court.The Court further underscored that it had previously upheld the NGT’s direction on these restrictions, leaving no scope for modification in an interlocutory proceeding.."How can you challenge guidelines in an IA? Challenge the guidelines substantively This issue was dismissed by this court and the order was upheld by us regarding these vehicles. We cannot disturb the direction of NGT in an IA. As long as NGT order is not modified, we cannot do anything or clarify the order," the Court said..Therefore, the Court dismissed the IA in the ongoing MC Mehta case, holding that any challenge to the guidelines must be brought through separate proceedings.The Court also allowed withdrawal of the IA by the applicant to approach the concerned authority regarding challenge or clarification of the guidelines. It however kept it open for applicant to come back to the Court if any adverse order is passed.
