How Ola, Uber allowed to run on tourist permit? HC asks govt

Mumbai, Aug 24 (PTI) The Bombay High Court today soughtto know from Maharashtra government under what policy privatecab companies like Uber and Ola are plying in the state andhow they are permitted to run with tourist permits. A division bench of justices S C Dharmadhikari and B PColabawalla was hearing a petition filed by Association ofradio taxis, which include cabs like Meru, Mega and Tabcabs,seeking a complete ban on website and app-based cab companieslike Ola and Uber. The petition’s contention is that these cabs are plyingwith tourist permits and not on electronic meters unlike othertaxis in the state, and hence there is no regulation on thefare prices. The state government’s lawyer today told the courtthat it was contemplating to formulate a scheme on the issue. "These cabs (Uber and Ola) do not halt at taxi stands,there is no permission, they don’t comply with your rules. You(government) need to explain all this. There is no system inplace to keep a check on these cab services. When has all thisstarted? You have only increased the number of cars on theroads leading to chaos," Justice Dharmadhikari said. The bench directed the government to file an affidavit inwhich it will have to show under what policy such cabs areallowed to ply. "If the scheme is formulated, then submit that too alongwith the affidavit," the court while posting the petition forfurther hearing on September 2. According to the petition, taxi transport services canbe provided only by those taxi owners who possess necessarycontract permit issued by the state government under the MotorVehicles (MV) Act. "Under the said Act, all such cab and taxi drivers haveto have Public Service Vehicle (PSV) badges which are issuedby the government’s State Transport Authority afterverifying the antecedents of the driver. All such cabs andtaxis are required to be fitted with a functioning electronicmeter and to charge only the specified/regulated fare," thepetition states. It further claimed that the fare has to be as per theone fixed by the Roads and Transport Authority and no othercharge like surge pricing can be recovered from the passenger. "Under section 88(9) of the MV Act, tourist vehiclesare granted permits to promote tourism and hence cannot beused as taxis or cabs. Uber and Ola are in effect andsubstance running a scheme without having applied for andreceived the necessary license and hence are clearly violatingthe provisions of the law," senior counsel Aspi Chinoy,appearing for the petitioner, argued. PTI SP GKDV