Re: Vehicle scrappage policy - Impact on Delhi-NCR cars? Quote:
Originally Posted by M.Dua
Thanks much for your thoughts. One query though that the law existed earlier also (Motors Vehicles Act) laying rules to ply cars in India and the NGT & Supreme Court had then also applied restrictions on use in Delhi. My honest fear is that there might be a ruling again after this law. Having said that, the law promises to scrap genuine polluting vehicle and that coupled with Delhi Government's initiative to keep personal vehicles out of the restriction ambit might help.
I sold my mint condition no issues giving 6 yo Verna SX Crdi for the same reason at a price i wont part with her at all. No one really craps them, these are sold in a different state, my car per se got registered in Punjab. I know friends who have 7 series/A6/Volvos with 40-50K Odometer in 8-9 years life cycle and are mint condition cars for next 10 years at least.
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Welcome. You have rightly pointed out that previously also there was a law viz. Section 59 "Power to fix age limit of a motor vehicle", in the Motor Vehicles Act 1988, that the court judgments starting with the NGT Principal Bench, have overruled for Delhi and the NCR. Quote:
59. Power to fix the age limit of motor vehicle.—
(1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the rules made thereunder: Provided that the Central Government may specify different ages for different classes or different types of motor vehicles.
(2) Notwithstanding anything contained in sub-section (1), the Central Government may, having regard to the purpose of a motor vehicle, such as, display or use for the purposes of a demonstration in any exhibition, use for the purposes of technical research or taking part in a vintage car rally, by notification in the Official Gazette, exempt, by a general or special order, subject to such conditions as may be specified in such notification, any class or type of motor vehicle from the operation of sub-section (1) for the purpose to be stated in the notification.
(3) Notwithstanding anything contained in section 56, no prescribed authority or authorized testing station shall grant a certificate of fitness to a motor vehicle in contravention of the provisions of any notification issued under sub-section (1).
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The applicants in this petition had invoked the Article 21 of the Indian Constitution viz. "Right to life", wherein for the pollution, smog and AQI, automobiles were solely blamed as they allegedly created grave pulmonary health risks and resulting lung diseases.
Sadly, the court believed and went by assertions of the applicants (not sure of the role of the automobile lobby here). Defence was only by the government who were on notice in this matter. And we know how strongly they defend ! ![LOL](https://www.team-bhp.com/forum/images/smilies/LOL.png) Ultimately, Article 21 was given precedence by the court over the Central government's power to fix the age limit of a motor vehicle viz Sec 59 of the MV Act. And hence the judgment that favoured de-registration of the older private motor vehicles in Delhi and the NCR.
Had the defence been through court intervention in this civil suit by lawyers representing many private motor vehicle owners, things would have been somewhat different. Blame could have been also put on generators, stubble burning, construction and other pollution causing activities. The environment ministry could have been added with the court's order to do so. They could have been directed to conduct environment impact assessment studies of the region and report within a fixed time limit. Till then, the judgment could have been withheld by the court.
It is evident that no accredited laboratory data or environmental impact assessment report for Delhi and NCR were considered to pinpoint percentage wise contribution of several causative factors that had worsened the AQI of the region then. And old cars are the softest targets to banish always.
Even today, after the disappearance of old private vehicles, the smog and AQI of Delhi and NCR for the winters of 2019-20 and 2020-21 were the worst ever in history !
Last edited by anjan_c2007 : 6th February 2021 at 18:42.
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