PANAJI
The Bombay High Court at Goa has declined to grant interim relief to a section of tourist taxi operators -- specifically those claiming that they should be exempted from having to install meters since they do not directly solicit customers but are instead contracted with hotels, tour agencies and other agencies.
The taxi operators led by the Cavelossim Tourist Taxi Owners Association had filed a petition pointing out that the Goa government when issuing its notification mandating meters be installed in taxis failed to make a distinction between the various types of taxis, causing grave prejudice to taxi operators who do not directly deal with customers.
“The tourist vehicles operated by the petitioners operate as contract carriages and are engaged to transport tourists to and from the airport/ bus stations/ railway stations to the hotels and lodgings on contracted fares subject to their contracts with the travel agencies, hotels or hiring agencies. These vehicles are also engaged to take tourists for sightseeing within and outside the State of Goa depending on their permits for predetermined fixed fares,” the operators told the Bombay High Court at Goa.
The Petitioners state that there are different categories of taxis plying in the State of Goa such as the Yellow Black, AGT (All Goa Tourist Taxis), and the All India Tourist Taxi Vehicles with an All India Tourist Permit (AITP) which are inter-state taxi vehicles which the petitioners operate, all of which cannot be put into the same bracket especially since, for example a taxi having an all India tourist permit will charge a rate that often includes tolls that need to be paid along the way something that the meter will not account for.
They have also argued that taxis directly contracted by hotels do not charge the customers directly but are paid by the hotel at a rate that has been negotiated in advance sometimes for the whole season.
“As these vehicles do not operate as regular taxis, transporting passengers from point to point. Making it mandatory for the tourist taxis and contract carriages for fitting digital fare meters will certainly lead to conflicts in as much as they have predetermined and contractual fares and hence fitting of meters on these vehicles will lead to increased conflicts and friction between the passengers and the taxi drivers. This is because of the passengers who would be under the impression that they should be charged on the bases of the meter readings recorded on the digital meters, whereas the tourist taxi vehicles operate on fixed pre-determined fares based on their contracts with the respective travel agents, hotels, booking agents, etc,” the taxi operators argued.
“The right of the petitioners and the taxi operators to conduct their business in a free and fair manner and in a competitive manner will be surely affected thereby violating the provisions of the Articles 14, 19(g) and 21 of the Indian Constitution,” they said.
However, the Advocate General opposed granting any interim relief.
“There is a serious issue of overcharging from the tourists and locals by all the motor cabs in the State of Goa. There are complaints that the charges demanded by the motor cabs are at times greater than the flight tickets. Some amount of regulation is absolutely necessary. Grant of interim relief, would virtually amount to grant of final reliefs at the interim stage,” the Advocate General told the Court.
The High Court then proceeded to reject the plea for interim relief but agreed to expedite the hearing of the petition.
“According to us, grant of the interim relief, would amount to restraining the State from implementing Rule 140 of the said Rules,” the Bombay High Court at Goa bench of Justice M S Sonak and M S Jawalkar, said.
Rule 140 of the said Rules requires every motor cab plying in the State of Goa to be fitted with a fair meter of digital type with a printer and Global Positioning System (GPS) tracking device approved by the State Transport Authority from the date notified.
“Normally, there is a presumption of constitutionality and such reliefs cannot be granted unless a case of manifest arbitrariness has been made out. At least, in the facts of this case, and again, prima facie, it cannot be said that some case of manifest arbitrariness has been made out,” the High Court said.
“The date has now been notified and, therefore, notices were issued to the petitioners to comply. It is always open to the petitioners or any tourist vehicles/contract carriage vehicles to comply with this requirement, without prejudice to their rights and contentions in this petition.
