"You're Not Doing Your Job, Left To Whims Of Traffic Police That Will Demand Its Cut": High Court To Delhi Govt Over Unauthorized E-Rickshaws

The Delhi High Court today expressed its displeasure over Delhi government's inaction to prevent plying of unauthorized e-rickshaws and autos in the national capital.

Despite the government admitting that more than 80,000 e-rickshaws, whose fitness certificates have expired, continue to ply on Delhi toads, the Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla noted that the authorities concerned had failed to take any action. In this backdrop, it orally remarked,

"You are obviously not doing your job, that's why they are there. Either you say you are regularizing them...but you can't have a situation where thousands of them are plying in the city in broad day light and you do nothing about it. You have left it to the whims of traffic policeman. He will catch hold of somebody, take his cut and let him go."

The development ensued in a public interest litigation, filed by one Ajit Kumar, claiming to be the owner of a three-seater auto rickshaw vehicle, through Advocate Vishal Khanna. The plea averred therein that there are about 22,000 unauthorized autos and 52,280 unlicensed e-rickshaws are presently plying on Delhi roads. In this backdrop, it is stated that the recent decision of the Delhi Transport Authority to invite fresh applications for e-auto should not be implemented until the already existing unauthorized vehicles are removed.

It was pointed out that the Supreme Court had in the case of MC Mehta v. Union of India, vide order dated 11.11.2011, fixed a cap of 1 lakh auto permits for CNG variant in Delhi. Out of 1 lakh, the petitioner claims, the Transport Authority has already issued 95,000 permits and reserved more than 4,200 for E-Autos in a bid to encourage adoption of electric vehicles.

Notice on the plea was issued in January this year. In its counter affidavit, the Delhi government submitted that as on 22 December, 2021, 80,583 e-rickshaws were plying on Delhi roads without fitness certificates. Similarly, fitness certificate of 9,451 auto rickshaws has expired which continue to play on roads of Delhi.

Advocate Satyakam appearing for the government submitted that it is an "implementation issue" and steps will be taken. He added that prosecution is initiated against 2,199 unauthorized rickshaws.

Unconvinced, the Bench said,

"There should be a drive to control this. How can it be that thousands of e-rickshaws that have expired are plying on road?"

Observing that that Respondents are "not serious" about enforcing compliance of law in relation to requirement of having fitness certificate by every vehicle plying on road, the High Court directed that forthwith remedial steps be taken and a status report in that regard bye filed before the next date, 11 May.

Case Title: Ajit Kumar v. GNCTD