Don’t Insist On Requirement Of Fitment Of Speed Governors In Vehicles For Guests Attending G20 Summit: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to not insist on the requirement of fitment of speed governors in high-end vehicles to be used as taxis for the guests attending the G20 summit scheduled to be held in the national capital in August and September.

A division bench of Justice Manmohan and Justice Saurabh Banerjee granted relief to Indian Tourist Transporters Association which is solely involved in providing surface transport facilities to the foreign or domestic tourists. The Association is recognized by the Union Ministry of Tourism.

The bench directed Delhi Government to register the vehicles which are specified in the tender documents issued by Ministry of External Affair and asked the Association to give an affidavit or undertaking that the vehicles are being purchased or imported for G-20 summit.

“This Court is of the view that India's assumption of the G20 presidency and the hosting of the summit in New Delhi is a moment of great national pride. To uphold our national prestige and ensure that the Summit is conducted without any hitch, it is essential that the designated vehicles as specified by the Ministry of External Affairs for the guests attending the event are provided without any hindrance,” the court said.

The court was hearing a plea moved by the Association seeking direction on the Union Government and Delhi Government to remove the prohibition from registering high-end vehicles as taxis without fitment of speed governors till the time such speed governors are available in Indian market.

It was submitted on behalf of the Association that the Union Government had issued tenders for providing high-end vehicles for transport of guests during the G20 summit. However, the court was informed that the manufacturers were declining to supply vehicles due to the unavailability of speed governors of the vehicles in the market as mandated under Rule 118 of the Central Motor Vehicles Rules, 1989.

As per the tender, the vehicles are to be placed at disposal of the authorities at least six to eight weeks prior to the G20 Summit, the counsel submitted.

The counsel further said that the Union of India in the past also had issued a letter in December 2017, exempting certain categories of vehicles from fitment of speed governors.

On the other hand, the counsel appearing for the Delhi Government submitted that even though speed governors are not available in the market, the petitioner Association can be asked to install the “Intelligence Transport System” so that speed of the vehicles can be kept under control.

Issuing notice in the plea, the court was of the prima facie view that the insistence on fitment of speed governors on vehicles, when such speed governors are not available in the market, is an “illogical and impossible requirement.”

“Moreover, as emphasised by learned counsel for the petitioner, many other States including the neighbouring State of Haryana have dispensed with this requirement on the ground of unavailability of speed governors,” the court said.

It added: “Consequently, in view of the urgency and peculiar circumstances of the case, the respondent No.3 is directed to register the vehicles that are specified in the tender documents issued by Ministry of External Affairs without insisting on the requirement of fitment of speed governors on the vehicles provided the petitioner gives an affidavit/undertaking that the said vehicles are being purchased/imported for the requirement of G-20 summit.”

The matter will now be heard on August 03.

Advocates S.S.Ray, Manu Monga, Rakhi Ray, Shankar K.Jha and Vaibhav Gulia appeared for the petitioner.

CGSC Ravi Prakash and ASC Hetu Arora Sethi appeared for respondents.

Title: INDIAN TOURIST TRANSPORTERS ASSOCIATION (REGD.) v. UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 489

Click Here To Read Order