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PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Uber India Systems Private Limited – Appellant
Versus
Union of India – Respondent
ORDER
1. The Special Leave Petition arises from an interlocutory order dated 7 March 2022 of a Division Bench of the High Court of Judicature at Bombay in Public Interest Litigation (L) No 9775 of 2020.
2. The petitioners claim to be aggregators within the meaning of Section 2(1A) of the Motor Vehicles Act 1988 ['Act'], as amended by Act 32 of 2019. An aggregator is defined to mean a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation. Section 93 was amended by the Amending Act so as to encompass the business of aggregators. Sub-section (1) of Section 93, inter alia, stipulates that no person shall engage himself as an aggregator unless he has obtained a licence from such authority and subject to such conditions as may be prescribed by the State Government. As in the case of other statutes, Section 2(32) defines the expression 'prescribed' to mean prescribed by rules made under the Act. The State Government is conferred with a rule making power, inter alia, by Section 96(1) in terms of which it may make rules for the purpose of carrying into effect the provisions of Chapter.
3. The first proviso to Section 93(1) stipulates th
Compliance with statutory requisites and expeditious decision-making by regulatory authorities are crucial in licensing matters.
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....
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....
Compliance with statutory guidelines and provisional licenses, and the allowance for the State Government to introduce further customer-friendly conditions and guidelines.
Permits granted under the Motor Vehicles Act remain valid during appeal periods, negating tax demands for operating without valid permits.
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.
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