The high court has granted permission for buses that are 15 years old or older to operate in the Kolkata Municipal Area (KMA), encompassing the cities of Kolkata and Howrah, as well as in portions of neighbouring districts, provided they undergo fitness and pollution inspections twice a year.

Passing the order on Friday, Justice Rai Chattopadhyay said that “this will be applicable for both petrol and diesel-driven stage carriage buses.”

The decision came during a hearing on a long-standing dispute over the future of old buses.

In July 2022, the National Green Tribunal (NGT) had directed the state government to scrap vehicles older than 15 years in Calcutta and Howrah to reduce air pollution.

In October 2024, a section of bus owners approached Calcutta High Court, praying for a two-year grace period for 15-year-old buses that had exceeded their expiry period, citing losses during the pandemic.

Earlier this year, a group of private bus operators moved the high court seeking a modification of the NGT’s order stating that the future of over 2,000 buses was at stake.

Subsequently, the state government issued a notification in accordance with the provisions of the Central Motor Vehicles Rules 1989. It stated that stage carriage buses may be allowed to ply within the KMA after attaining 15 years of age from the date of initial registration, provided the fitness and pollution levels of the stage carriage buses are checked twice a year.

On Friday, the high court accepted the points outlined in the draft notification. It allowed 15-year-old buses to ply within the defined area, provided they adhere to all the points stated in the notification.

The draft notification said:

• The stage carriage buses registered in KMA only shall be allowed to ply beyond 15 years of age from the day of initial registration
• The vehicle fitness and pollution levels of the stage carriage buses are to be checked twice a year, as the vehicle attains the age of 15 years from the date of initial registration
• The certificate of fitness will only be granted where the emission level remains below the level notified by the ministry of road transport and highways (MoRTH)
• An application for the certificate of fitness of any vehicle shall be submitted to the additional director (Kolkata zone) for those vehicles registered in Calcutta, and the district magistrate, and the chairman, regional transport authority (RTA) for the districts under KMA

“In view of the draft notification as above, the petitioners’ grievances are found to have been mitigated. Therefore, there is no scope for any further adjudication in the instant writ petition. It is, however, mentioned that the respondent authority is at liberty to publish the draft notification as submitted in court today at the earliest point in time,” Justice Chattopadhyay’s order stated.

Senior officials of the transport department said that each fitness test will cost a bus owner ₹12,500, with additional fees for emission testing.

“If a vehicle is found to be in poor environmental health, it will be taken off the roads. The state government believes that instead of scrapping all 15-year-old buses, there should be a mechanism for checking a vehicle’s health. If it is found to be worthy of plying, it may be allowed with certain terms and conditions,” a senior officer of the transport department said.

Several private bus operators welcomed the decision and said they were prepared to undergo the tests biannually to remain afloat in a business that has been witnessing diminishing returns since the pandemic.

“From around 7,000 buses plying in the KMA area before 2009, the number has come down to 2,500 by this year,” said a leader of a bus union.