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State taking away livelihood of cabbies: HC

Bombay High Court on Wednesday refused to stay the December 3 deadline set by the state government to revoke permits of taxis

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Bombay High Court asks govt to produce its August directive, declaring December 3 deadline to phase out taxis that have existed beyond 25 years

Bombay High Court on Wednesday refused to stay the December 3 deadline set by the state government to revoke permits of taxis, which have completed more than 25 years since their registration. 

The court has, however, asked the state government to produce on December 2 its records pertaining to the government resolution (GR) issued in August announcing the December 3 deadline for phasing out old taxis. Chief Justice Swatanter Kumar and Justice Sharad Bobade observed that the state was taking away the taximen’s right to livelihood. The December 2 hearing is likely to decide the fate of the 25-year-old taxis.

Three taxi drivers had moved HC in September challenging the implementation of the August GR. Petitioners’ lawyer Rahul Karnik told the court that there are nearly 10,000 taxis, which are more than 25 years of age, plying on the city’s roads. By revoking their permits the government would not only take away the livelihood of the taxi drivers but also inconvenience the public, he said.  He added that the government had not come up with any plan on how to phase out the old taxis or a scheme to help taxi drivers cope with the situation.

Government pleader DA Nalawade told the court that the plan to phase out old taxis was first mooted in 1996 by a state-appointed committee that included representatives of the taximen’s union. The committee had recommended restrictions based on the age of registration of vehicles to be used as taxis to maintain quality of service and less pollution. He added that most of the old taxis were Premier Padminis and in poor condition. Their spare parts are no longer available. 

Petitioners pointed out that the government has decided to act on the committee’s recommendation after nearly 12 years without even considering schemes to help taxi drivers replace their old vehicles. The petitioners have alleged that the government’s move is aimed at helping private taxi operators. The petition points out that the government has not specified what can be done to the taxis, whose permits have been cancelled. Can they be used as private cars?

The petitioners have alleged that the government’s move to phase out taxis is discriminatory as other vehicles like buses used by BEST and state transport body and private cars have not been covered by the GR.

The petitioners, Adhar Yadav, Kanhaiya Singh and Amarjeet Singh, have stated that they are not opposed to the government’s policy but want proper implementation to ensure that nobody is rendered without a means to earn their livelihood. The Mumbai Taximen’s Union has also been made a party to the petition as it has given out loans to taxi drivers for buying taxis.
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