The Delhi High Court has granted relief to advocates and judicial staff residing in the National Capital Region (NCR), permitting them to enter the national capital in vehicles registered outside Delhi that do not comply with BS-VI emission standards. The exemption, however, will remain restricted to court working days.
Justice Amit Mahajan passed the order on November 6 while hearing a petition filed by the Delhi High Court Bar Association (DHCBA), which had challenged the restrictions imposed on the movement of non-BS-VI compliant vehicles registered outside Delhi.
A detailed order is awaited.
The Association had approached the High Court seeking an exemption for advocates residing in NCR cities, including Gurugram, Faridabad, Noida and Ghaziabad, who regularly travel to Delhi for professional engagements.
Senior Advocate N. Hariharan, who is also the DHCBA President, appeared for the Association and submitted that lawyers and court staff discharge essential functions connected with the administration of justice. He argued that preventing them from entering Delhi could adversely affect court proceedings and the functioning of the judicial system.
Referring to the exemption mechanism available under the government’s notification, Hariharan submitted that the authorities possessed the power to grant relaxation to specific categories of vehicles. He also pointed out that lawyers had received similar concessions during the COVID-19 pandemic.
Emphasising the importance of lawyers’ physical presence in court, he argued that restrictions preventing advocates from reaching the courts would have consequences for the justice delivery mechanism.
The DHCBA had sought permission for advocates travelling to Delhi for professional purposes during the period between November 1, 2026 and January 31, 2027.
The Association contended that a substantial number of lawyers practising in Delhi reside in neighbouring NCR cities and depend on their personal vehicles to attend court hearings, meet clients and senior advocates, and access their chambers.
It further submitted that restrictions on their movement could interfere with their ability to appear in matters listed before courts at designated times, potentially causing prejudice to litigants.
The dispute arises from a June 23, 2026 notification issued by the Delhi Government’s Department of Environment and Forests, prohibiting vehicles registered outside Delhi and not meeting BS-VI emission standards from entering the national capital between November 1 and January 31 as part of measures to tackle winter air pollution.
The notification also empowers the Environment Department to grant exemptions to additional categories of vehicles.
The DHCBA relied on this provision to seek a regulated relaxation for advocates required to travel to Delhi for their professional responsibilities.
The petition was filed through advocate Amit Choudhary.
The High Court’s order provides a limited exemption to NCR-based lawyers and court staff without suspending the underlying restrictions on non-BS-VI vehicles.
The detailed order is expected to clarify the modalities governing the exemption.
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