HC pulls up Delhi govt. over regulation of auto, e-rickshaws

Peitioner seeks removal of old auto and e-rickshaws from Delhi’s roads

The Delhi High Court on Thursday came down heavily on the Delhi government for failing to act against e-rickshaws and autos plying on roads without fitness and registration certificates, noting the authorities are not serious in enforcing the law.

“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 respectively have expired, in broad daylight,” a Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said.

The High Court’s remarks came while hearing a petition by auto-rickshaw driver Ajit Kumar, represented by advocate Vishal Khanna, seeking to remove the old auto-rickshaws from roads either by scrapping them or by enforcing the replacement scheme applicable to auto-rickshaws.

The Delhi government, in response to the petition, said as per ‘Vahan 4.0’, within the cap of one lakh fixed by the Supreme Court, 92,849 auto-rickshaws are registered with the government, of which the permits of 9,451 have expired and not yet been renewed.

The Vahan 4.0 is a centralized vehicle registration portal under the Ministry of Road Transport & Highways.

“There could be a number of reasons behind not getting the permit renewed like, the auto met with an accident and declared total loss, dispute with the financier and court case pending, death of the registered owner of the TSR (three-wheeler scooter rickshaw) but due to no knowledge of getting the TSR transferred, and stolen cases etc.,” the Delhi government said in an affidavit.

It further stated that as per the Vahan 4.0 database, 1,10,430 e-rickshaws have been registered in the Capital, out of which fitness certificates of 80,583 e-rickshaws have expired until December 22, 2021. The Enforcement Branch has prosecuted 2,199 such vehicles from January 1, 2019 to December 22, 2021, it said, adding that the execution process is likely to gain momentum once the pandemic is over.