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D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Roppen Transportation Services Pvt Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Dhananjaya Y. Chandrachud, CJI.
1. Permission to file the Special Leave Petitions granted.
2. Delay condoned.
3. Special Leave Petition (Civil) No. 3006 of 2023 arises from an interim order of the Division Bench of the High Court of Judicature at Bombay dated 7 March 2022. In Writ Petition (Civil) Nos. 95 of 2023 and 142 of 2023 under Article 32 of the Constitution, the petitioners seek to challenge the validity of a notification dated 19 January 2023 issued by the State of Maharashtra. Special Leave Petition (Civil) Nos. 3007 and 3008 of 2023 arise from a judgment of the High Court of Judicature at Bombay dated 20 January 2023.
4. The Motor Vehicles Act 1988,1[“Act”] was amended by Amending Act 32 of 2019, inter alia, to comprehend aggregators within the scope of its regulatory provisions. The expression “aggregator” has been defined in Section 2(1A) to mean a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation. Section 93 forms a part of Chapter V which deals with the control of transport vehicles. Section 93 was also amended in 2019 to cover aggregators. Section 93, as amended, reads thus :
The main legal point established in the judgment is the court's clarification that the challenge to the State Government's notification should be pursued under Article 226 of the Constitution, and th....
The main legal point established in the judgment is the mandatory nature of obtaining a license and complying with prescribed conditions for aggregators under Section 93 of the Motor Vehicles Act, 19....
Compliance with statutory requisites and expeditious decision-making by regulatory authorities are crucial in licensing matters.
Plying of two-wheelers for carrying passengers under a regime operated through aggregators – Interim orders ought not to have been passed staying whole scale operation of a statutory regime till fina....
The grant of permits to private operators on nationalized routes is prohibited under the scheme framed under Chapter IVA of the Motor Vehicles Act, 1939.
The imposition of eligibility conditions for auto rickshaw permits must be backed by statutory authority; the State's requirement for knowledge of Marathi is illegal as it lacks foundation in law.
The court reaffirmed that if a route is legally declared a notified route, state transport services maintain exclusive rights to operate, precluding permits for private operators.
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