[Unauthorized E-Rickshaws] Carrying Out Surprise Checks To Prevent Plying Without Fitness Certificate: Delhi Govt Informs High Court

The Delhi Government has informed the Delhi High Court that the registration of e-Rickshaws and procurement of Fitness Certificate as well as checking of violation of the said conditions is a regular ongoing process.

A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was also informed that regular checks are being conducted at various places in the city to ensure that each and every e-Rickshaw and e-Cart is plying only after obtaining the Fitness Certificate.

The Court was dealing with a public interest litigation stating that there are about 22,000 unauthorized autos and 52,280 unlicensed e-rickshaws presently plying on Delhi roads.

In this backdrop, the plea stated that the recent decision of the Delhi Transport Authority to invite fresh applications for e-auto should not be implemented until the already existing unauthorized vehicles are removed.

The Court in May had sought the Delhi Government's response in respect of the action taken against the Auto, TSR and e-Rickshaws which were not registered and those without Fitness Certificates.

Accordingly, as per the status report filed, the Government informed the Court that the Enforcement Wing of the Transport Department was carrying out surprise checks and e-Rickshaw and e-Carts were being informed repeatedly by SMSs in Hindi language about the requirement of Fitness Certificate.

It was also informed that the date of obtaining Fitness Certificate was extended up to July 31.

"The Government has also waived the additional fees being levied on account of the delay in obtaining a Fitness Certificate, meaning thereby the respondents have already taken steps to ensure that no e-Rickshaw/ e-Cart in the Union Territory is being operated without the Fitness Certificate," the Court noted.

Accordingly, the Court was of the view that no further orders were called for in the PIL.

"However, the authorities will continue with the drive which they have initiated to ensure that the statutory provisions are complied with as stated by them," the Court added.

The plea was thus disposed of.

Earlier, the Bench had expressed its displeasure over the Delhi government's inaction to prevent plying of unauthorized e-rickshaws and autos while noting that the authorities concerned had failed to take any action.

It had also observed that Respondents were "not serious" about enforcing compliance of law in relation to the requirement of having a fitness certificate by every vehicle plying on road. The Bench had thus directed that forthwith remedial steps be taken and a status report in that regard be filed.

Case Title: Ajit Kumar v. GNCTD

Citation: 2022 LiveLaw (Del) 739

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