The National Green Tribunal (NGT), Principal Bench, New Delhi, vide its order dated 07.04.2015 in Original Application No.21/2014, has banned the registration of Diesel Vehicles which are more than 10 years old. It has also directed all such diesel vehicles, be it heavy or light or private or commercial, not to be allowed on roads.
Is not such direction contrary to the provisions of Motor Vehicles Act {Section 41 (7)} which says that registration shall be valid for 15 years in respect of private vehicles? If a diesel vehicle does not comply with the pollution norms, then of course it can not be allowed to be plied on roads. But what if it complies with the pollution norms? Can it still be stopped from plying? It has to be kept in mind that NGT is after all a Tribunal and not a Constitutional Court which can exercise the power of declaring a law to be ultra-vires.
In view of the above, whether such direction passed by the NGT is legal and sustainable?