HC directs app-based cabs to go diesel-free by March 1, 2016

New Delhi: In an interim relief to app-based cab companies, Delhi High Court Wednesday allowed them to ply diesel-run taxis from point to point in the national capital till March 1 next year by when they will have to shift completely to compressed natural gas (CNG).

Justice Manmohan further said companies like Ola and Uber which are willing to give an undertaking that they will phase out their diesel cabs within stipulated time frame, will only be allowed to operate till next year.

However, it made clear that for those companies which will not give an undertaking with regard to phasing out of their diesel cabs from capital roads, its July 29 order has to be enforced strictly.

The court was also of the view that imposing a ban is not a practical solution because in the end public suffers, so some reasonable time has to be given to the companies.

"At least one chance should be given to them (companies) as they are willing to shift to CNG. Entire public transport will be shifting to CNG, so some time needs to be given to them, otherwise the public will be put to inconvenience. I do not want public to suffer," the judge said.

"Those who are willing to give me undertaking, I will give them time. Those who are not, my order passed in case of Ola will apply to them with immediate effect," the judge added.

The court passed the interim order while hearing a plea filed by Association of Radio Taxis, represented by senior advocate Nidesh Gupta, who contended that the court's order upholding a ban on diesel cabs providing point-to-point service in the national capital was being implemented only against Ola while other app-based taxi services were violating it with impunity.

Hearing which the court yesterday had asked Uber to take instruction on this aspect of the time frame in which they will phase out diesel taxis.

Meanwhile, the court asked Uber India, represented through senior advocate Rajiv Nayar, who said that it can replace the diesel taxis with CNG cabs within six months, to give details with regard to the manner in which they will be phasing out their diesel cabs by March 1.

It also asked the cabs companies present in court besides Uber and Ola to give some suggestions to the court about the mechanism, by which the facts and figures can be verified by the state transport department.

The court asked Uber and Ola to file compliance report in way of an affidavit within two weeks. The matter will now come up for hearing on December 3.

During the hearing, the court asked Uber BV, represented by senior advocate Dayan Krishnan, to comply with its order.

The court maintained its earlier order backing the Delhi government which said tourist taxis with 'All-India' permits cannot run as city cabs.

Despite the high court's orders of July 29 and August 11 upholding the ban on diesel cabs, app-based services were still operating here, the association claimed.

It said that "the court's direction was qua all app-based cab companies but was being implemented against only one".

On which the court said, "How can the Centre and state (Delhi government) be so helpless? If I have passed the order, it means my order has to be complied with and the authorities concerned have to take action."

"Now its on the transport department to enforce ban," it added.

Meanwhile, Uber India informed the court that from October 15 no diesel cars will be registered with them, as they are moving a step ahead in keeping Delhi pollution free.

Ola also stated that there strategy is to contribute to a better and green Delhi.

The court has yesterday made it clear that only those cabs which run on CNG can ply on the national capital's roads.

It had said that since he has already passed an order against ANI Technologies, the company that owns Ola, prohibiting it from running diesel cabs, then same would apply "across the board" to other companies including Uber.

The court in its August 11 order had also said that Ola, operated by ANI Technologies Ltd, was "factually incorrect" to contend that non-CNG commercial vehicles like diesel cabs were not barred from plying in Delhi.

Delhi government had on January 1 banned the operation of app-based cab services till they complied with the guidelines of Radio Taxi Scheme of 2006, which was amended on December 26 last year. The scheme was amended after a woman executive was allegedly raped in an Uber cab last December.

The January 1 order was challenged by Ola before the high court, which on July 29 had passed an interim order upholding Delhi government's decision.