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This is an archive article published on July 28, 2011

Autos overcharge,so why not GPS as in radio cabs: HC

Underlining the problem of city commuters being fleeced by auto-rickshaw drivers,the Delhi High Court on Wednesday.

Underlining the problem of city commuters being fleeced by auto-rickshaw drivers,the Delhi High Court on Wednesday refused to interfere with the Delhi government’s decision to get Global Positioning System (GPS) installed in the three-wheelers and described it as a policy decision by the competent authority.

While dismissing a PIL challenging the legal validity of the transport department’s notification in this regard,a division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna also held that the court would entertain such a plea only when an auto-rickshaw driver,owner or commuter of Delhi approaches it.

“We all know the problem of overcharging in Delhi,auto-rickshaw drivers do overcharge. You (the petitioner’s lawyer) must have experienced it yourself. If the GPS helps curbing this by tracking the distance covered by a vehicle and other such aspects,what should be the issue? It is now also installed in all radio taxis,” the bench said.

Petitioner Nyayabhoomi,a society that claims to be working for the welfare of auto-rickshaw drivers and owners in the city,also drew flak from the bench for turning up on behalf of those concerned but not impleading any of them in the petition.

“Who are you and why would you come to the court? What is the public interest involved in this petition when not even one person,who is really affected,is present before us? You claim there are more than 50,000 auto-rickshaws in the city. Let even one of them come and we will hear the case. Auto-rickshaw drivers in this city are not so poor that they cannot come to the court. We cannot allow somebody from somewhere to challenge a policy decision,” the bench said.

The bench said it is also ready to hear the petition if a commuter feels aggrieved by the decision owing to increase in fare,but not when a third party approaches it.

On the question of adjudicating on the legal validity of the government’s notification directing all auto-rickshaw owners or permit holders to get GPS installed,the bench observed that it could intervene only if the policy is against either a statutory provision or public interest.

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“We are not inclined to delve on the issue of legal validity of the policy as framed by the government,” the court said,adding that while there was no direct provision in the Motor Vehicles Act restricting authorities from framing such a policy,the Act conferred power on the government to prescribe conditions from time to time.

There are two other petitions regarding the installation of GPS in autos pending before another bench of the High Court.

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