In a huge respite for Uber, the Delhi high court on Wednesday set aside an order of the Delhi government that had rejected the app-based taxi aggregator application for licence to ply in the national Capital.
Justice Manmohan asked the transport department to impose “conditional permission” on Uber to resume operation of its app-based taxi services. He directed the Delhi government to decide the application within 10 days and inform the company about the requirements that need to be met.
On June 11, the HC had given a similar relief to two other app-based taxi services -- Apra Cabs India Pvt Ltd and Serendipity Infolabs Pvt Ltd (Taxi for Sure), when it set aside Delhi government’s June 3 order that rejected their licences.
Uber, however, has admittedly been operational following that order.
“We do not want to comment on the matter since the matter is subjudice but for the moment, Uber is operational,” Karun Arya, communications head - South Asia and India at Uber had told HT on June 20.
Justice Manmohan on Wednesday said Uber India Technology Pvt Ltd was “entitled” to a similar relief.
“There cannot be a blanket ban... you (Delhi government) can impose some conditions which they have to fulfil” Justice Manmohan said.
The HC also asked Delhi government to write to Uber, within 10 days, informing the company about the “requirements it has to satisfy” before it could begin operating in Delhi.
“If the GNCTD (Government of National Capital Territory of Delhi) is not satisfied with the response, it will give the petitioner (Uber) one opportunity to further be heard and give clarification,” the HC said.
The Delhi government had cancelled the licence application of Uber for not complying with the provisions of the recently amended Radio Taxi Scheme of 2006.The amendment was introduced after certain app-based cab companies were banned in the Capital following an Uber cab driver allegedly raping a finance executive in December last year.
The modified scheme imposes various mandatory requirements, including having prefixed calibrated meters, a GPS device and running on CNG, on the companies for grant of licence.
Reacting to the order, Delhi government said, “Department of transport will prepare its response after receiving the details from the government’s legal team. The government is not against app-based taxi services in the national Capital but it will not compromise on women safety, which is its top most priority.”
Meanwhile, Uber India welcomed the order. “We are committed to working with the government to develop a regulatory framework that encourages innovation, provides consumers with more choice, drivers with more economic opportunity, while creating a safer transportation environment for everyone,” Uber said in a press statement.