HC ire at e-ricks operating with expired papers

They are plying on roads in broad daylight and you are doing nothing… This means you have left it to that traffic policeman. DELHI HC BENCH

Noting that more than 80,000 e-rickshaws are plying on the city roads even after the expiry of their fitness certificates, the Delhi high court on Thursday said that it was amazed to see how the city government was permitting such vehicles, including auto rickshaws, to run on the city roads.

“This means you are not doing your job. That’s why they are there…they are plying on roads in broad daylight and you are doing nothing… This means you have left it to that traffic policeman,” a bench of acting chief justice Vipin Sanghi and Navin Chawla said while hearing a plea against the illegal e-rickshaws filed by an auto driver Ajit Kumar.

“We are amazed as to how the respondents (Delhi government’s transport department) are permitting plying of e-rickshaws and autos, whose fitness certificate and registration have expired, in broad daylight…it is obvious the respondents are not serious in enforcing law and rules in relation to the fitness of every vehicle plying on roads. We direct the respondents to take remedial steps forthwith and a status report be filed within two weeks,” the bench said in a verbal order.

The court took strong exception to the government’s submission that till December 22, 2021, there are 110,430 registered e-rickshaws plying on the streets of the national capital of which only 29,741 have fitness clearance.

The court also noted that while 80,583 e-rickshaws’ fitness certificates have expired in December 2021 and they are still plying on Delhi roads, 9,451 similarly placed auto rickshaws, also continue to run on the streets of the Capital.

Kumar in his plea filed through his counsel Vishal Khanna, also sought to restrain the Delhi government from issuing new permits for electric auto until action is taken against unauthorised e-rickshaws that are plying without fitness certificate or that they may be removed from roads as they are adding to already heavy traffic on city roads.

In a counter affidavit, the Delhi government’s counsel submitted that the state has come up with policy to promote electric autos to reduce air pollution, and charged that the petition was possibly filed at the behest of those who are running CNG autos.

The petition sought that new permits for e-autos be not given until 22,000 TSR autos, which are 15-year-old, are removed from Delhi roads either by scrapping or replacement scheme, or until any other better policy is brought in by the transport department.

The government, however, contested the claim. “….e-rickshaw was aimed at replacing manual rickshaw which can only ply in the limited area whereas e-auto is the alternate fuel version of CNG auto which does not emit carbon. So in the comparison between low emission to zero carbon emission, the goal would certainly be zero carbon emission keeping in mind the unique problem of pollution in Delhi,” the government said in its counter affidavit.

It also said that action has been taken against errant e-rickshaws for various type of violations.

The matter will now be heard on May 11.