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2011 DIGILAW 411 (BOM)

Mumbai Auto Rickshawmens Union v. State of Maharashtra

2011-03-31

P.B.MAJMUDAR, R.D.DHANUKA

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Judgment P.B. Majmudar, J. 1. Matters not on board. Taken on board at the request of the learned counsel appearing for the parties on the ground that if the matters are not heard today, the same may become infructuous. Since regular bench is not available today, the court has accepted the request made by the learned counsel appearing for the petitioners in this behalf. So far as other cognate petition i.e. Writ petition no. 1824 of 2012 is concerned, since no motion is made and the advocate for the petitioners therein is also not present today, the same has been delinked from these two petitions. 2. The main challenge in these petitions is to the notification dated 17 february, 2012, issued by the home department, state of maharashtra, by which the date of commencement of fitment of electronic digital fare meter to the auto rickshaws in the area of mumbai metropolitan region development authority (excluding the rural regions in thane district) has been fixed as 1 april, 2012. The grievance of the petitioners in each of these petitions is that the state government has introduced a policy by which motor vehicles act, 1988 (hereinafter referred to as "the act") is amended and the policy of placing electronic digital fare meters is ordered to be installed in the auto rickshaws plying in the city of mumbai as well as in the entire state of maharashtra. 3. The notification issued by the state government is also challenged on the ground that in the year 2007, a decision was taken to introduce the electronic meters but since there was grievance raised by the unions representing auto rickshaw drivers, the government in its wisdom thought it fit to constitute a committee. The committee consists of 11 members which included the concerned minister, secretary of the department as well as the representatives of the union and mumbai grahak panchayat, who claims to have largest membership of consumers in the country. 4. At the time of hearing of these petitions, the learned counsel appearing for the petitioners pointed out that the said committee discussed the matter from time to time and ultimately submitted its report justifying the introduction of electronic digital fare meters on auto rickshaws. It is argued by the learned senior counsel mr. Sakhare that the said report has been signed by five members and six members did not sign the same. Mr. It is argued by the learned senior counsel mr. Sakhare that the said report has been signed by five members and six members did not sign the same. Mr. Sakhare further submits that there are genuine hardships which are likely to come in the way of the rickshaw pliers. According to him, if these electronic digital fare meters are subjected to mechanical failure, approx. 235 repairing shops only are available. Mr. Sakhare further submits that looking to the number of auto rickshaws in the city of mumbai, the repairing shops are too low and it may result into closure of the business of plying rickshaws for considerable time as it may take long time for repairing such meters, in case of mechanical failure. It is argued by mr. Sakhare that in the city of mumbai, there are approximately one lakh auto rickshaws. He further submits that so far as old metres are concerned, the same can be easily repairable, as there are large number of repairing shops available. 5. Mr. Hegde, the learned counsel appearing for the petitioners in writ petition no. 2255 of 2012, has supported the argument of mr. Sakhare and pointed out that as per the provisions of the motor vehicles rules, 1989(hereinafter referred to as "the rules"), there is an option available with the person, whether he should opt for electronic digital fare meters or mechanical meter. He states that two options are available under the rules. In view thereof, it is always open to a particular rickshaw owner or driver to go with a particular meter. 6. Mr. Khambata, the learned advocate general, on the other hand, submits that in this case, the notification has been issued after inviting appropriate objections and after considering the say of the concerned persons. He submits that so far as the first report submitted by the 5 committee members is concerned, in that report, the consumer organisation had not signed it but they are now supporting the said report, meaning thereby that large number of consumers in the city are in favour of electronic digital fare meters as it is noticed by them that so far as old mechanical meters are concerned, there is every likelihood of the same being misused and/or tampered with which is not possible so far as the electronic digital fare meters are concerned. 7. 7. We have heard the learned counsel appearing for the parties at length. We have also gone through the affidavit­in­reply and the relevant provisions of the act and the rules. 8. It is required to be noted that the electronic digital fare meters are placed on a commercial vehicle like taxi or rickshaw with a view to see that nobody can charge anything more than what is entitled to and take correct fare from the passenger. The passengers who are boarding the rickshaw or taxi, as the case may be, are not having any expert knowledge and are required to pay the money which is reflected in the concerned meter. It is not disputed that the consumer forum had a grievance about overcharging of the fare on the ground that the amount reflected in the manual meter is not reflecting the correct figure. The state government, in its wisdom, therefore, has decided to reconsider the said aspect. It is pointed out to the court that meetings were held between rickshaw pliers association and the mumbai grihak panchayat from time to time and even technical experts also attended the said meeting. It is pointed out by the learned advocate general that prior to that, chief minister presided over two meetings in order to find out an amicable solution to the problem. Ultimately it is also pointed out by the learned advocate general that after the report which was signed by five members, even subsequently a technical committee was also appointed and that committee also opined in favour of installation of electric digital fare meters. 9. Considering the matter at length and after considering the notification as well as after going through the report of the committee, we are of the opinion that no fault can be found with the state government in issuing the notification in question by which electronic digital fare meters are ordered to be installed so far as rickshaws in the city of mumbai in general and in state of maharashtra in particular are concerned. The state government has applied its mind in its proper perspective, as different dates have been fixed in a phased manner for implementing the same city­wise in the state of maharashtra. It is required to be noted that there is no statutory requirement for constituting the committee. The state government has applied its mind in its proper perspective, as different dates have been fixed in a phased manner for implementing the same city­wise in the state of maharashtra. It is required to be noted that there is no statutory requirement for constituting the committee. Still in order to remove the heart burning on the part of someone who might be feeling that it may not be advantageous in their business, if electronic digital fare meters are installed, the state government has organised the meeting from time to time. The objections so received have been taken into consideration. If modern technology is available for arriving at the correct figure of fare, in our view, the same should not have been allowed to be objected by the union on some ticklish points here or there. So far as argument of mr. Hegde is concerned, he has made reference to sub­section (2) of section 74 of the act and rules 119, 136 and 137 of the said rules. rUle 137 of the said rules reads thus: " 137. Fitment of electronic digital taxi meter:­ (1) a new motor cab including auto­rickshaw shall be fitted with an electronic digital taxi meter. (2) in case of existing motor cabs, or any class of motor cabs including auto rickshaws, having fare meter and registered in the jurisdiction of different regional transport offices, the date for fitment of new electronic digital taxi meter shall be as specified by the state government from time to time, by notification in the official gazette. 10. In view of the above, it is crystal clear that the state government is entitled to issue such notification which is within the legislative competence of the state government. It cannot be said that it is beyond their legislative competence. It is also required to be noted that the said notification has not been challenged on the ground that the same is unconstitutional or arbitrary and the only point which is pressed into service is hardship. The decision taken by the state government is in the larger interest of the consumers. So far as the law, statute or notification is concerned, the same cannot be strike down by the court on the ground that it may cause hardship to a particular individual. The decision taken by the state government is in the larger interest of the consumers. So far as the law, statute or notification is concerned, the same cannot be strike down by the court on the ground that it may cause hardship to a particular individual. Since the legality of the notification is not challenged, in our view, this court cannot come to a definite conclusion whether any hardship would be caused to a particular rickshaw owner as the committee has considered this aspect and given its report and this court is not possessing any technical expertise so far as the said aspect is concerned. In view of the same, the grievance by an individual that it may create hardship cannot be said to be ground for striking down such a notification. In a given case, if a particular meter of a rickshaw is subjected to any mechanical failure and if he is unable to operate and if prosecution is launched against him, he can take legitimate defence available to him in accordance with law as deemed fit but surely that cannot be a ground to restrain the state government from proceeding further regarding installation of electronic digital fare meter which is in the larger interest of the consumers. 11. Once a new concept is brought in, there is bound to be an agitation or protest by some sections of the society or at least those who are interested in continuing with the old system. The apprehension of the petitioners about the mechanical failure etc. Is a question which, in our view, is premature as in future if any such occasion arises, they can always ask the government to reconsider the decision and resort to the old practice. In view of the same, on such an imaginary apprehension, we cannot strike down the provisions of law and restrain the state government to proceed further. nO other points are raised by the learned counsel appearing for the parties. 12. In view of what is stated above, we hardly see any substance in these petitions which seem to be filed only to delay the process. The same are accordingly rejected. nOtice discharged. 13. At this stage, the learned counsel appearing for the petitioners requested that the state government may be restrained from implementing the notification for some time so that the petitioners can approach the supreme court. The same are accordingly rejected. nOtice discharged. 13. At this stage, the learned counsel appearing for the petitioners requested that the state government may be restrained from implementing the notification for some time so that the petitioners can approach the supreme court. This is not a case in which interim relief is in force. If the interim relief is in force as on today, the court would have certainly considered the request of the learned counsel for the petitioners. In view of what is stated above, since no interim relief is granted earlier, for the first time we cannot grant interim relief to enable the petitioners to go to supreme court. The prayer made by the learned counsel for the petitioners is, therefore, rejected.