The BEST discontinued the AC service in April citing a cash crunch and rising running costs.
With national attention lately focussed on what a citizen's fundamental rights are, Mumbai's transport administration has no doubt that an air-conditioned commute is not one of them. In fact it has told the Bombay High Court, while countering a petition that challenged its move to pull the plug on AC buses, that it is a privilege for those who can afford its fare.
An affidavit submitted on Thursday by the Brihanmumbai Electric Supply and Transport states that it is "erroneous" for BB Shetty, who filed a public interest litigation demanding that BEST restart AC services, to claim that his fundamental right under Article 19 (1) (d) of the Constitution was being violated.
"Traveling in an AC bus is a privilege which only a few citizens who have the necessary means can afford and is not a basic right or necessity which can be enforced in a court of law," says the affidavit filed by deputy chief manager (traffic) Chandrashekhar Rane on behalf of BEST.
The BEST discontinued the AC service in April citing a cash crunch and rising running costs.
"It is incomprehensible as to how the discontinuation of AC bus service can infringe the petitioner's fundamental rights. By no stretch of imagination can AC buses come within the ambit and purview of public convenience or that closure of such service is unconstitutional," the undertaking's affidavit says, adding that ordinary buses are still at the service of commuters.
It goes on to say that suspending the service is in the larger interest of the organisation and "taking policy decision is well within the realm of powers of BEST".
The petitioner's lawyer, VP Patil, however, told the court that BEST's argument does not hold "as there were no objections or suggestions called for from the public by the undertaking before withdrawing the service." He said such a decision cannot be taken solely on the basis of falling revenues.
The BEST explained the poor performance of the AC buses through competition from parallel services introduced in neighbouring cities of Thane and Navi Mumbai, and from app-based cab services such as Ola and Uber.
The next hearing is the following week.
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