MUMBAI: Create a level playing field for all operators, the Bombay high court suggested on Thursday as it observed that the rules appeared to discriminate between the ‘kali-peelis’ and the app-based services.
The court adjourned to September 15 the hearing in a clutch of petitions over the new rules which Ola and Uber have challenged as “unconstitutional and excessive”, but the protection to the app-based drivers continues. The state lawyer, G W Mattos, assured a bench of Justice R M Savant and Justice Sadhana Jadhav that the government would continue to not take any coercive steps against the Ola, Uber drivers till a committee for fare structures comes out with its decision.
He said, “The state is seeking a level playing field for everyone.’’ But, he added, that the aggregators were seeking to operate as taxis by obtaining a tourist permit and don’t want to be regulated by law. The rules framed by the state are somewhat similar to those framed by Karnataka whose validity the Karnataka high court has upheld, said Mattos. But that order is in appeal and in the interim vehicles are allowed to ply on tourist permits there. Ravi Kadam, appearing for Uber drivers, who had moved court to challenge the new rules said that Maharashtra need not go by other state’s rules and Justice Sawant said, “The state should be a trendsetter for other states in India.”
“There seems to be a clear discrimination on several points wherein the black-and yellow taxis are given benefit. You treat everyone on a par. Make it more rational. Let there be fair competition,” Justice Savant said. He wondered if the state was “discriminating between kaali-peelis and others on basis of payment for licenses obtained under these rules”. The association of radio taxis said that they had been abiding by a given fare structure “for years” and that petitioners— Ola and Uber—have been functioning unregulated”. The court has now asked the state to file an affidavit.
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