HC stays govt notification to hike auto fares, says it needs L-G’S approval
THE COUNSEL FOR DELHI GOVT CONTENDED THAT AUTO FARES COME UNDER THE TRANSPORT DEPARTMENT
nNEWDELHI: The Delhi High Court on Friday stayed the notification of the Delhi government hiking the auto fares by 18% in the national capital after a plea had been filed alleging that the scheme was not approved by the Lieutenant Governor (L-G).
A bench of Chief Justice DN Patel and justice C Hari Shankar said that prima facie the petitioner, an NGO, Aiding Hands Foundation, has a case and the transport department of the Delhi government could not issue the notification as the L-G was the competent authority in the matter.
“We hereby stay the operation of the June 12 notification issued by the Delhi government till the next date of hearing, that is, May 21,” the bench.
“We are not concerned about the dispute between you two (Delhi government and LG). But if you cannot do anything, it means you cannot do.”
Advocate D P Singh, appearing for the NGO, argued that the Delhi government does not have the power to issue such a notification and it deserved to be set aside being bad in law.
Reacting to Friday’s order, senior Aam Aadmi Party (AAP) leader and Rajya Sabha MP Sanjay Singh said that the fares were hiked because they were insufficient and the auto drivers, who have been demanding a hike for a long time, were facing problems.
He blamed the Bharatiya Janata Party (BJP) for causing harm to the auto drivers and said that the party (BJP) is looking for ways to harass the auto drivers. He promised that if chosen to power, the auto fares would be hiked again within one week.
The court’s order came on a plea filed through advocate Anurag Tandon who had contended that the notification of the Delhi government issued on June 12, 2019 for hiking the auto fares is arbitrary The PIL claimed that the notification was issued without any authority in law and in flagrant violation of the constitutional provisions.
Appearing for the Centre, its standing counsel also said that the notification could not have been issued by the Delhi government and is liable to be set aside.
Countering the submissions, the counsel for Delhi government, told the court that auto fares come under the transport department and so it has the power to issue the notification to revise the rates. He also told the court that the notification has been in place for eight months and it will be very difficult to roll back the fare.
However, the court did not agree with his submissions and stayed the notification.
The plea had contended that the decision to hike the fare adversely impacts the residents who are otherwise “victimised by the unruly behaviour of auto drivers” and charging of exorbitant amounts. It said that the rules say that competent authority to issue any notification for fixing rates and tariff in the national capital has to be the L-G.
The matter would be now heard on May 21.