Vibha Verma
Eleven months after issuing a notification making it mandatory that all tourist taxis be fitted with digital meters, the State government – bogging down to protests by taxi operators – kept its order in abeyance last November. Although the development followed by way of another notification, some stakeholders have challenged it’s legality in the High Court of Bombay at Goa.
Advocate Gaurang Panandiker has alleged that government violated the Motor Vehicles Act through improper method of amending clause 2 of the amended Rule 140 of the Act. He, however, maintained that the first notification in December 2015 after initially amending the Rule did not breach the law.
“The MVA lays down certain guidelines on how rules are to be framed. The first time it changed clause 2 of the Rule during December-end (of 2015 year) and postponed the implementation to April 1, 2016. The dates were further changed to August and then November, and finally on November 27 a notification keeping in abeyance the 2015 notification was issued. The act of postponing the implementation by amending clause 2 thrice, is without authority and power,” he stated.
Panandiker, who is appearing before the high Court on behalf of TTAG and GCCI maintained that it has only challenged the manner in which changes we made between December 2015 and November 2016.
Advocate General Saresh Lotlikar however countered saying there is nothing illegal. “The very fact that notifications have been issued based on the changes does not indicate any illegality. Being a sensitive issue, it is necessary to take into confidence all the stakeholders as it concerns their livelihood,” he said.
Advocate Galileo Teles echoed the same opinion stating, “It is certainly advisable to take views of all the stakeholders for effective implementation of the scheme. Even otherwise till date the committee has not come up with conclusive solution to redress the objections raised by the stake holders and as such it is imperative that there is consensus before actual implementation.”
He explained that although the notification seeking implementation of the digital meters is kept in abeyance it isn’t done without any justifiable cause.
