IMPORTANT POINT
Authorities cannot impose a blanket ban on vehicle registrations without explicit legislative authority, as it exceeds the powers granted under existing rules.

JUDGMENT :

Anjani Kumar Mishra, J.

1. Heard counsel appearing for the various petitioners in these bunch of writ petitions and learned Standing Counsel.

2. Under challenge in some of these petitions is the Notification No. 361/Sa Pra Sha/2023/Mathura dated 7.11.2023 issued by the Assistant Regional Transport Officer (Administration/Registering Authority), Mathura.

3. In the petitions pertaining to District Agra, under challenge, is the Office Order No. 3961/Sa Pra/Ka Aa/e-Rickshaw/e-Auto/2024 dated 8.1.2024 passed by the Assistant Regional Transport Officer (Administration/Registering Authority), Agra.

4. By these orders, registration of e-Rickshaw and e-Auto has been banned in Mathura and Agra, respectively, in purported exercise of powers under Rule 178 of the U.P. Motor Vehicle Rules, 1998.

5. Although, this order states that this restriction is being imposed on account of mushrooming number of e-Rickshaw both in Agra and Mathura leading to incessant traffic jams. The petitioner, Agra e-Vahan Vyapar in Writ Petition No. 881 of 2024 is a registered Associations of e-Vehicles Dealers in Agra. All other petitioners are dealers in e-Rickshaw and e-Auto Rickshaw.

6. The primary contention of the petitioners is that the Motor Vehicle Act or the Rules framed thereunder be it the State Act or the Central Act, do not empower the registering authorities to put a blanket ban on the registration of new e-Rickshaw etc which is, in any case, violative of Article 19(1)(g) of the Constitution.

7. As already stated above and as has been reiterated by learned Standing Counsel, the orders have been passed in the purported exercise of powers under Rule 178 of the U.P. Motor Vehicle Rules, 1998. The said rule reads as follows:

“178. Restrictions on the use and the speed of motor vehicles - A Superintendent of Police within a Municipal Corporation, Municipality or Nagar Panchayat and a Registering Authority in other areas within their respective jurisdiction may make such orders as they think fit restricting the speed of or restricting or prohibiting the use of motor vehicles, generally or any particular class or classes of motor vehicles in any area or on any road. Such orders shall be published by notification in the official Gazette and also by means of notice boards at or near the place of road to which they apply.”

8. Counter-affidavit has been filed on behalf of the respondents only in Writ Petition No. 69 of 2024 and has been sworn by the fifth respondent, the Assistant Regional Transport Officer (Administration/Registering Authority), Mathura.

9. The crux of the affidavit is that the traffic jams are occurring in Mathura city on account of excess number of e-Rickshaws operating there and the operator are, in fact, flouting the traffic rules. It is also averred that 14748 E-Rickshaws, 12346 Three-wheeler CNG Auto-Rickshaws and 695 total e-autos are operating and that more than 105 E-Rickshaw Dealerships are operating in Mathura. It is also alleged that the E-Rickshaw drivers do not follow the traffic rules. They often move arbitrarily on routes other than the prescribed routes. E-Rickshaws are also alleged to be over loaded besides being used as goods carriers.

10. Certain paragraphs of the counter-affidavit which cull out the case of the respondents (with crucial aspects underlined by us) are quoted below:

“11. That, the contents of Paragraphs No. 12, 13 and 14 of the writ petition are not admitted as stated and hence denied in vehemence in reply thereto it is respectfully submitted that in Mathura City, a total of 14748 e-rickshaws, 12346 three-wheeler CNG auto-rickshaws and 695 total e-autos are operating, alongwith more than 105 e-rickshaw dealerships are also operational. At present, more than 26000 CNG auto-rickshaws, e-rickshaws and e-autos are registered and operating in Mathura city, apart from this, the number of personal two-wheelers and four-wheelers in Mathura city is 532794. It is clear from the above that the vehicle density in Mathura