A bench, headed by NGT Chairperson Justice Swatanter Kumar, also directed that wherever such vehicles of this age are noticed, the concerned authorities shall take appropriate steps in accordance with law including seizure of the vehicles.

"It is undisputed and in fact unquestionable that the air pollution of National Capital Territory (NCT), Delhi is getting worse with each passing day. It not only projects the very dismayed state of affairs existing with clear indication that worst is likely to follow...

"All vehicles, diesel or petrol, which are more than 15 years old shall not be permitted to ply on the roads...This direction would be applicable to all vehicles without exception i.e. two wheelers, three wheelers, four wheelers, light vehicles and heavy vehicles irrespective of whether commercial or otherwise," the bench said.

It further said that no person shall be permitted to burn plastic or any other material in the open.

If any person is found to be burning plastic or any other material including tree leaves in the open, he would be liable to be proceeded against in accordance with law," it said.



The Tribunal also held that in all the markets in Delhi, "it shall be ensured tarred roads for regular traffic are not permitted to be used for parking thus causing avoidable congestion of traffic".     

"The time is more than right at this stage, when mere consideration of these issues at different levels, could not resolve the issue and no one would help in controlling the increasing air pollution in Delhi.

"It is a constitutional and statutory duty of all the authorities and Ministries to provide clean air to the people to breathe. It is their fundamental right and it cannot be subjected to limitation of the state of any kind and be permitted to lose sight in the realm of planning and anticipated actions," the bench said.

It has also directed the CPCB and the DPCC to check all the DTC buses, even if operating on CNG, and if the bus was found to be emitting in excess of prescribed standards, it must not be permitted to ply.

The Tribunal's observation came while hearing a petition of Vardhaman Kaushik who had contended that "the level of particulates in Delhi is rising manifold and the reasons for which should be identified and curbed".

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