Delhi High Court: Upholds Non-Delhi BS-VI Ban During Winter

• The Delhi High Court refused to stay a government notification banning non-Delhi BS-VI vehicles during winter.
• The ban applies to vehicles registered outside Delhi and below BS-VI standards, from November 1 to January 31 annually.
• The challenge was filed by Gurmukh Dass Kohli, who owns a BS-IV petrol Volkswagen Polo registered in Haryana.
• Kohli argues the ban discriminates based on registration location and ignores daily air quality.
• The case, Gurmukh Dass Kohli v Government of NCT Delhi, will be heard again on November 27.

For vehicle owners and operators whose vehicles are registered outside Delhi and do not meet BS-VI standards, the current ruling confirms that the restrictions from November 1 to January 31 are in force, necessitating compliance to avoid penalties.

The Delhi High Court recently declined to issue a stay against a notification from the Delhi government that restricts certain vehicles from entering the national capital during the winter season. This ruling means the prohibition, targeting vehicles registered outside Delhi and not meeting BS-VI emission standards, will remain in effect. The legal challenge, titled Gurmukh Dass Kohli v Government of National Capital Territory of Delhi and Ors, was brought forward by a lawyer based in Faridabad.

A Division Bench, comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma, heard the initial arguments. The court has scheduled further proceedings for November 27, a date on which another related petition is also slated for review, indicating ongoing judicial consideration of the matter.

The contested regulation stems from paragraph 4 of a notification issued on June 23, 2026, by the Delhi government’s Department of Environment and Forests. This directive, enacted under the authority of the Environment (Protection) Act, specifically forbids vehicles registered outside Delhi that do not comply with BS-VI emission standards from entering the capital.

The Delhi vehicle entry ban winter measure is enforced annually, commencing on November 1 and concluding on January 31. This measure aims to address environmental concerns within the city during a period often associated with heightened air pollution levels, establishing a clear temporal and registration-based criterion for vehicle entry.

Gurmukh Dass Kohli, the petitioner in Gurmukh Dass Kohli v Government of NCT Delhi, owns a BS-IV petrol Volkswagen Polo, which is registered in Haryana. His legal challenge centers on the argument that the restriction unfairly discriminates against vehicles based solely on their place of registration, rather than their actual emission output.

Kohli contends that a comparable BS-IV vehicle registered within Delhi is not subjected to the same entry prohibition, highlighting what he perceives as an arbitrary distinction. Furthermore, the petition asserts that the three-month blanket restriction operates irrespective of daily fluctuations in air quality, suggesting a lack of flexibility or responsiveness to real-time environmental conditions.

With the Delhi High Court's refusal to grant a stay, the Delhi High Court non-Delhi BS-VI ban during the winter months remains fully operational. This decision underscores the government's continued commitment to its environmental protection measures, particularly concerning air quality during critical periods, and reinforces the enforcement of BS-VI emission standards Delhi.

The ongoing legal proceedings, with the next hearing set for November 27, indicate that the validity and scope of the non-Delhi vehicle restrictions will be subject to further judicial scrutiny. For vehicle owners and operators whose vehicles are registered outside Delhi and do not meet BS-VI standards, the current ruling confirms that the restrictions from November 1 to January 31 are in force, necessitating compliance to avoid penalties.

Lawyers and compliance officers should advise clients operating vehicles registered outside Delhi that the ban on non-BS-VI vehicles during the winter months (November 1 - January 31) remains in force, as the Delhi High Court refused to stay the government's notification. This necessitates reviewing fleet operations and advising on compliance to avoid penalties.

Source: Original reporting via legal news reporting.