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SABYASACHI BHATTACHARYYA
Uber India Systems Private Limited – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Sabyasachi Bhattacharyya, J. - WPA No.8986 of 2022 has been filed by Uber India Systems Private Limited and one of its Directors and WPA No.9051 of 2022 by some of the drivers of Uber. Both the writ petitions challenge Notification No. 652-WT/3M- 17/2021 dated March 03, 2022, whereby the State of West Bengal published guidelines for operation of aggregators. Uber is an 'On Demand Transportation Technology' Aggregator (ODTTA). In view of the identity of causes of action, both the writ petitions are taken up for consideration of interim orders together.
2. Admittedly, Uber is a facilitator who provides a technology platform which enables drivers of commercial vehicles to connect with riders/passengers via the software/online application 'Uber' available on smart-phones.
3. The concept of aggregators was introduced in the Motor Vehicles Act, 1988 (for short, 'the 1988 Act') by virtue of the amendment of 2019. As per the amended provisions, Section 2(1A) defines 'aggregator' as a digital intermediary or marketplace for a passenger to connect with a driver for the purpose of transportation.
4. Section 93 of the said Act provides for an agent, canvasser or aggregator to obtain licen
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....
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....
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 requisites and expeditious decision-making by regulatory authorities are crucial in licensing matters.
Compliance with statutory guidelines and provisional licenses, and the allowance for the State Government to introduce further customer-friendly conditions and guidelines.
The competence of the Central Government to issue notifications under Section 88 of the MV Act for tourist vehicles and the competence of the State Government to lay down rules for the uniform to be ....
Compliance with statutory provisions and unreasonable delay in challenging administrative actions.
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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