Delhi High Court Orally Asks Govt To Ensure Auto Rickshaws Charge Fare By Meter, Conduct Random Checks

While hearing a public interest litigation on enforcing the rule on installation of fare meters in autorickshaws in the city, the Delhi High Court on Friday orally asked the Government to ensure that people follow the rule and pay the auto fare as per metre, asking the government to carry out random checks at the ground level. 

The court thereafter disposed of the petition filed by one Anand Mishra, asking Delhi Government's transport department to decide his representation on the issue within three weeks.

The PIL sought a direction to the transport department to implement rule 74 of the Delhi Motor Vehicle Rules 1993 with immediate effect. Rule 74 provides for installation of fare meters in autorickshaws/ taxis. The plea states that since 2018 fare meters have not been in operation and the respondents have not taken any steps to rectify the situation.

During the hearing, a division bench of Chief Justice Manmohan and Justice Tushar Rao Gedela orally asked the counsel appearing for the Delhi government as to why were people not following the meter. 

To this the counsel said, "It is auto rickshaw my lords..that is there private negotiation. Every autorickshaw has a meter. It is for the passenger to take action. The complaint number is given in every autorickshaw...in case autorickshaw driver is not following the meter fare". 

At this stage the court orally said, "This must be enforced. It can't be causing inconvenience...Even when we were small and we used to take an autorickshaw at times the autorickshaw guys used to cover the meter with a handkerchief or something and they would negotiate. But that is wrong". 

The court thereafter said, "Then you also must do a random check. You have inspectors. You have employed inspectors, they have to be at the ground level". 

The court while dictating its order noted that as per the petition, the petitioner has made a representation on September 17 to the respondent no. 2–transport department, but no response has been received so far. 

"Keeping in view of the averments in the writ petition, the same is disposed of with the direction to the respondent no. 2 to decide the petitioner's representation dated September 17 in accordance with law, within three weeks. If any action has to be taken by the respondent no. 2 the same shall also be undertaken in accordance with law," the court said in its order. 

Case title: ANAND MISHRA v/s THE GOVT OF NCT OF DELHI & ANR

Citation: 2024 LiveLaw (Del) 1177