Uber, Rapido gets protection from Delhi High Court against action by Delhi govt
2 min read 26 May 2023, 08:24 PM ISTWe welcome the Hon’ble High Court’s order to give Uber protection from coercive action on bike taxis in Delhi, said a spokesperson of Uber
PremiumIn a major relief to bike aggregators like Uber and Rapido, the Delhi High Court on Friday has stated that no coercive measures shall be taken against bike taxi operators and its riders by the concerned authorities in the Delhi NCT until the government notifies the necessary regulations to govern bike taxi operations.
The court ordered that no coercive steps shall be taken by the authorities here against Rapido bike-taxi and its riders until the requisite regulation to regulate the operation of bike-taxis is notified, said Rapido's lawyer Abhishek Awasthi, senior partner at the AZB and Partners law firm.
A similar order granting protection from coercive action for plying bike-taxis in Delhi was also passed by the court on a petition filed by Uber.
Uber’s writ petition against the ban on bike taxis in Delhi as per a show cause issued by the Delhi Transport Department was heard today. As per a verbal order from the Hon’ble Delhi High Court, Uber has received protection from any coercive action by the State Transport Department against bike taxis till such time that an aggregator policy related to bike taxis is framed. The order was granted by HMJ Suresh Kumar Kait & HMJ Neena Bansal Krishna today on 26 May 2023 stating that ‘'no coercive measures shall be taken against bike taxi operators and its riders by the concerned authorities in the Delhi NCT until the government notifies the necessary regulations to govern bike taxi operations.'
In response to today’s development, an Uber spokesperson said, “We welcome the Hon’ble High Court’s order to give Uber protection from coercive action on bike taxis in Delhi. This will bring relief to drivers on our platform whose livelihood had been impacted by the ban as also to the hundreds and thousands of riders who choose to ride on Moto for affordability and last mile connectivity. We are committed to serving the city and being the platform of choice for riders and drivers alike."
“We welcome the Hon'ble Delhi High Court's order, which declares that 'no coercive measures shall be taken against bike taxi operators and its riders by the concerned authorities in the Delhi NCT until the government notifies the necessary regulations to govern bike taxi operations.' It is a resounding victory and a powerful testament to the immense impact bike taxis have on millions of people in our national capital. Bike taxis represent a transformative innovation for a thriving metropolis and a progressive nation like India, addressing the crippling challenges of traffic congestion, unemployment, affordability, last-mile connectivity, and environmental pollution head-on," according to a Rapido spokesperson on the Delhi High Court order.
Earlier this year, Rapido also challenged a show-cause issued to it in this regard, saying it is in violation of various fundamental and constitutional rights and has been passed in violation of the principles of natural justice.
"The direction issued by the transport department under the impugned notice is ex-facie arbitrary and passed without following due process under law, without providing any reasons for such prohibition," the plea says.
The Delhi government has said that carrying passengers on a hire or commercial basis in private bikes Delhi would be considered a violation of the Motor Vehicles Act, 1988.
The Transport Department of the Delhi Government has issued a notice in this regard. According to the notice for the first offense, a fine of ₹5,000, while for the second offense, a fine of ₹10,000 and imprisonment of up to 1 year can be imposed. Also, under these circumstances, the driver can also lose his license for 3 months.
