SC stays Delhi HC order allowing bike-taxis

The Supreme Court on Monday suspended the Delhi High Court order, that allowed the two-wheeler taxi aggregators Rapido and Uber to operate till finalisation of a policy by the Delhi government.

A vacation bench Justices Aniruddha Bose and Rajesh Bindal revoked the High Court's stay on a notice issued by the Delhi government to bike-taxi aggregator Rapido.

The top court said an interim order staying the whole-scale operation of a statutory regime till the finalisation of policy was unwarranted.

Also Read | Riding on the edge: Bike taxis under scrutiny

"We stay both the impugned orders passed by the Delhi High Court,” the bench said.

The AAP government had challenged the Delhi High Court's order of May 26.

The Delhi High Court had then put a stay on the public notice and show cause notice issued by the city Transport Department, halting the ride-sharing platforms.

A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna directed the Transport Department to refrain from taking any coercive measures against Rapido and other ride-sharing platforms until a comprehensive policy is formulated.

In February, the app-based aggregators were prevented from plying bike taxis on the road without commercial permits.

Rapido had then challenged the show- cause notice by the Delhi government saying it is in violation of various fundamental and constitutional rights and has been passed in violation of the principles of natural justice.

The direction issued by the transport department under the impugned notice is ex-facie arbitrary and passed without following due procedure, it claimed.

It had also contended the city government's conduct was contrary to the intent and object of the Centre with respect to the issuance of licences to aggregators as laid down under the Motor Vehicles Act, read with the Motor Vehicle Aggregator Guidelines, 2020 (MoRTH Guidelines).

A blanket ban on the petitioner's services impacts the lives and livelihood of a huge number of vehicle owners and riders as well as a substantial number of daily commuters, it had said.