Govt can make GPS mandatory for autorickshaws: HC
The Delhi High Court defended the Delhi governments decision to make Global Positioning Systems (GPS) compulsory for autorickshaws in the city,by dismissing a challenge against the governments authority to pass this order.
The Delhi High Court defended the Delhi government’s decision to make Global Positioning Systems (GPS) compulsory for autorickshaws in the city,by dismissing a challenge against the government’s authority to pass this order.
The court said such power was given to the government under the Motor Vehicles Act. A division bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw noted the legal provisions accorded the power to the State Transport Authority to pass an executive order imposing a condition.
“We don’t agree with the contention that such a condition could not have been issued by the transport department without changing a rule or passing a legislative order. Under the law,we think they can certainly impose such conditions. The only restriction would be that such conditions should be reasonable and if they are unreasonable,they can always be challenged,but not the power of the government,” said Justice Sikri.
The court also disagreed with the contention made by the petitioners,over 400 autorickshaw drivers,that the decision was violative of the fundamental right to equality,since it focussed on three-wheelers but left out buses,trucks,etc.
“You cannot raise the issue of discrimination here since it is a positive discrimination. One cannot argue that since it is not there in other vehicles,auto-rickshaws should also not have it,” said the court.
At the outset of the hearing on Wednesday,the court had questioned the maintainability of the three connected petitions as a PIL and wondered how a public interest litigation could be maintained against a decision,which is otherwise in public interest.
Najmi Waziri,standing counsel for the government,contended that the move was in larger public interest as authorities could then monitor the movement of each autorickshaw to ascertain whether commuters taking the autos were taken on longer rides than required.
“The GPS system would provide data on real-time movement of every auto rickshaw and will also help prevent any untoward incidents,” said Waziri.
While concurring with most of his submissions,the court,however,asked the counsel to explain how could the Transport department authorise an autorickshaw driver to charge 50 paise per kilometre extra from every commuter towards the GPS control room and despatch centre for facilitating auto rickshaws on demand. “Prima facie,this levy is in the nature of a tax and it cannot be charged by way of an executive order,” said the court,asking Waziri to respond on the next date of hearing. Justice Sikri also asked the standing counsel to come back to court on the next date with the progress report regarding setting up of the control room and other modalities devised to install GPS in the vehicles. The court has said that it will pass its final orders on May 16.
According to sources,a meeting,chaired by Delhi Transport Minister A S Lovely,was held on Tuesday and it was decided that DIMTS shall very soon float the tenders,inviting bids from the companies to install the GPS systems in auto rickshaws.
“The tendering process is expected to be completed within a month. The control room has also been set up in the department’s office at ISBT Kashmere Gate,” an officer told Newsline.
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