Delhi govt "not empowered" to make schemes for app-based cabs

The court directed the Aam Aadmi Party to file their counter affidavits in the various matters, including one by Uber

Delhi High Court was today told that the AAP government was "not empowered" to make a scheme to regulate internet-based taxi services.

The submission was made before a bench of Chief Justice G Rohini and Justice Jayant Nath by one of the petitioners in a bunch of PILs filed against plying of diesel and app-based cabs in the national capital.

The court directed the Aam Aadmi Party (AAP) government and the Centre to file their counter affidavits in the various matters, including one by Uber India Technology Ltd which has challenged the new scheme made by Delhi government to regulate app-based cab services.

An association of radio taxis today moved an application, to intervene in the issue, in which the bench issued notice to all the parties seeking their replies before the next date of hearing on January 28.

Meanwhile, Delhi Traffic Police has filed an affidavit stating that from August 1 to November 14 this year, it has challaned a total of 1981 app-based cabs, found to be running on diesel and offering point-to-point services in the city in violation of the high court's orders.

Of these challaned cabs, 1074 were impounded, the traffic police has told the court in an affidavit filed through advocate Prabhsahay Kaur.

Uber in its plea had challenged the Delhi government's August 2015 scheme for cab services, saying it was "targeted" at companies like it as it required them to share their location, whereas radio taxis do not have to.

It has also challenged rejection of its application for licence to ply in the city.

The other petitions have contended that the high court's orders banning diesel cabs from offering point to point service in Delhi were being violated by various app-based cab services.

The court on July 29 had upheld Delhi government's January 1 order by which all app-based cab services which did not conform to the Radio Taxi Scheme 2006-modified in December last year were banned.

The July 29 order was later upheld by a larger bench of the high court.
The government had on April 18 faced the ire of the court
which had said they cannot "wash their hands off" on alleged over charging by operators like Uber and Ola, as the "general public was suffering" due to it.
Advocate Pranav Sachdeva, who appeared for Magic Sewa, had said this was an urgent issue as during the ongoing odd- even scheme, app-based taxi service operators were flouting fare rules and charging exorbitantly from the customers.
It had alleged that unlicensed taxi aggregators "also charge the so-called 'peak time charge' or 'surge price' over and above the normal fares on a day and time of their own choosing. This 'peak time charge' or 'surge price' could be as high as five times the normal fare published by the unlicensed taxi aggregators."

It also alleged that app-based cab companies were not complying with the City Taxi Scheme, 2015 or the fares notified under the Motor Vehicles Act.
The government, however, said the "department has already framed the scheme, whereby the aggregator is also allowed to seek licence and it can run its business in the city. However, the app based unlicenced operators have not applied under the said scheme till date".
It said the department was preparing rules to regulate/ monitor the app based aggregators and prevent uneconomical competition among the licence/permit holders.
"The app based unlicenced taxi service operators are abusing the process of law to delay seeking the licenses, as the same would make them liable to follow the rules and regulations formulated as per the scheme and they are not willing to abide by the same," it added.

In its affidavit, the government claimed it was committed to "zero-tolerance policy in so far as exploitation of citizens of Delhi is concerned and it will not shy away from taking stringent" action against the violators.
It said that the department has issued 119 challans so far against taxi operators and most of these taxis were attached with the unlicenced aggregators.