Full Judgment Text
#27-29
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 643/2015
ASSOCIATION OF RADIO TAXIS ..... Petitioner
Through Dr. A.M. Singhvi and Mr. Nidhesh
Gupta, Senior Advocates with
Mr. Sonal Jain, Mr. Udayan Jain,
Ms. Heena Sharma, Ms. Anju
Thomas, Mr. Manas Gaur, Advocates
versus
BHAVISH AGGARWAL & ORS ..... Respondents
Through: Mr. Sandeep Sethi, Senior Advocate
with Ms. Suman Yadav and Mr.
Naman Joshi, Advocates for ANI
Technologies Pvt. Ltd.
Mr. Naushad Ahmed Khan, ASC
(Civil) for GNCTD/Delhi Police with
Mr. S. Roy Biswas, Dy.
Commissioner, Transport Dept., Insp.
Kailash Bisht, Legal Cell Traffic and
SI Uday Singh, Traffic/HQ.
WITH
+ W.P.(C) 6000/2015 & CM APPLs. 10885/2015, 19928/2015,
26581/2015
ASSOCIATION OF RADIO TAXIS ..... Petitioner
Through Dr. A.M. Singhvi and Mr. Nidhesh
Gupta, Senior Advocates with
Mr. Sonal Jain, Mr. Udayan Jain,
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 1 of 5
Ms. Heena Sharma, Ms. Anju
Thomas, Mr. Manas Gaur, Advocates
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Manish Mohan, CGSC with
Mr. Shivam Chanana and Ms. Pooja
Mishra, Advocates for R-1&2.
Mr. Naushad Ahmed Khan, ASC
(Civil) for GNCTD/Delhi Police with
Mr. S. Roy Biswas, Dy.
Commissioner, Transport Dept., Insp.
Kailash Bisht, Legal Cell Traffic and
SI Uday Singh, Traffic/HQ.
Mr. Sandeep Sethi, Senior Advocate
with Ms. Suman Yadav and Mr.
Naman Joshi, Advocates for ANI
Technologies Pvt. Ltd.
Mr. Rajiv Nayar and Mr. Dayan
Krishnan, Senior Advocates with
Mr. Susmit Pushkar, Mr. Abhijeet
Swaroop and Mr. Anchit Oswal,
Advocates for R-8&9.
Mr. Darpan Wadhwa, Advocate with
Mr. Akhil Sachar, Advocate for R-10.
AND
+ W.P.(C) 6668/2015 & CM APPL. 13052/2015
ANI TECHNOLOGIES PVT. LTD. ..... Petitioner
Through Mr. Sandeep Sethi, Senior Advocate
with Ms. Suman Yadav and Mr.
Naman Joshi, Advocates
versus
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 2 of 5
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
Through Mr. Naushad Ahmed Khan, ASC
(Civil) for GNCTD/Delhi Police with
Mr. S. Roy Biswas, Dy. Commissioner,
Transport Dept., Insp. Kailash Bisht,
Legal Cell Traffic and SI Uday Singh,
Traffic/HQ.
Mr. Kirtiman Singh, CGSC with
Mr. Gyanesh Bhardwaj and Ms.
Prerna Sah Deo and Mr. Waize Ali
Noor, Advocates for UOI.
Dr. A.M. Singhvi and Mr. Nidhesh
Gupta, Senior Advocates with
Mr. Sonal Jain, Mr. Udayan Jain,
Ms. Heena Sharma, Ms. Anju
Thomas, Mr. Manas Gaur, Advocates
for R-5.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 03.12.2015
In compliance with the last order, learned senior counsel for
respondent nos. 8 and 9 in W.P.(C) 6000/2015 has handed over information
in a sealed cover to this Court as well as to Mr. Naushad Ahmed Khan,
learned additional standing counsel (civil) for Govt. of NCT of Delhi. The
sealed cover handed over in Court has been opened and the information
therein has been perused.
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 3 of 5
Petitioners and respondents are directed to file an affidavit disclosing
the number of taxis as well as details of taxis that are being operated,
managed and maintained by each one of them, namely, details of all taxis
working under each of the party’s platform whether as an aggregator or as
an owner or as an individual. The affidavit should be filed in a sealed cover
in this Court and a copy of the same should be supplied in a sealed cover to
Mr. Naushad Ahmed Khan, who assures this Court that said information will
be kept confidential and will not be disclosed to the competitors. He,
however, states that for practical reasons the said information shall be shared
with the transport officials and Delhi Police.
The statement made by Mr. Naushad Ahmed Khan is accepted by this
Court and the Govt. of NCT of Delhi and Delhi Police are held bound by the
same.
Respondents are also directed to place on record a copy of monthly
schedule of phasing out of the taxis. For instance, the information disclosed
by respondent no. 10 in W.P.(C) 6000/2015 in its latest affidavit is sketchy.
Respondent no. 10 has not disclosed as to how many taxis it has converted
from diesel to CNG.
This Court may mention that it is also inclined to appoint a
Committee of secretaries of Central as well as State governments to examine
the issue of private transport within the NCR region. Parties are directed to
obtain instructions with regard to the suggestion within one week.
th
List on 15 December, 2015.
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 4 of 5
The Court Master is directed to reseal the information provided today
by respondent no. 8 and 9 and place the same in the file of W.P.(C)
6000/2015.
Order dasti under signature of Court Master.
MANMOHAN, J
DECEMBER 03, 2015
rn
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 5 of 5
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 643/2015
ASSOCIATION OF RADIO TAXIS ..... Petitioner
Through Dr. A.M. Singhvi and Mr. Nidhesh
Gupta, Senior Advocates with
Mr. Sonal Jain, Mr. Udayan Jain,
Ms. Heena Sharma, Ms. Anju
Thomas, Mr. Manas Gaur, Advocates
versus
BHAVISH AGGARWAL & ORS ..... Respondents
Through: Mr. Sandeep Sethi, Senior Advocate
with Ms. Suman Yadav and Mr.
Naman Joshi, Advocates for ANI
Technologies Pvt. Ltd.
Mr. Naushad Ahmed Khan, ASC
(Civil) for GNCTD/Delhi Police with
Mr. S. Roy Biswas, Dy.
Commissioner, Transport Dept., Insp.
Kailash Bisht, Legal Cell Traffic and
SI Uday Singh, Traffic/HQ.
WITH
+ W.P.(C) 6000/2015 & CM APPLs. 10885/2015, 19928/2015,
26581/2015
ASSOCIATION OF RADIO TAXIS ..... Petitioner
Through Dr. A.M. Singhvi and Mr. Nidhesh
Gupta, Senior Advocates with
Mr. Sonal Jain, Mr. Udayan Jain,
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 1 of 5
Ms. Heena Sharma, Ms. Anju
Thomas, Mr. Manas Gaur, Advocates
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Manish Mohan, CGSC with
Mr. Shivam Chanana and Ms. Pooja
Mishra, Advocates for R-1&2.
Mr. Naushad Ahmed Khan, ASC
(Civil) for GNCTD/Delhi Police with
Mr. S. Roy Biswas, Dy.
Commissioner, Transport Dept., Insp.
Kailash Bisht, Legal Cell Traffic and
SI Uday Singh, Traffic/HQ.
Mr. Sandeep Sethi, Senior Advocate
with Ms. Suman Yadav and Mr.
Naman Joshi, Advocates for ANI
Technologies Pvt. Ltd.
Mr. Rajiv Nayar and Mr. Dayan
Krishnan, Senior Advocates with
Mr. Susmit Pushkar, Mr. Abhijeet
Swaroop and Mr. Anchit Oswal,
Advocates for R-8&9.
Mr. Darpan Wadhwa, Advocate with
Mr. Akhil Sachar, Advocate for R-10.
AND
+ W.P.(C) 6668/2015 & CM APPL. 13052/2015
ANI TECHNOLOGIES PVT. LTD. ..... Petitioner
Through Mr. Sandeep Sethi, Senior Advocate
with Ms. Suman Yadav and Mr.
Naman Joshi, Advocates
versus
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 2 of 5
GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
Through Mr. Naushad Ahmed Khan, ASC
(Civil) for GNCTD/Delhi Police with
Mr. S. Roy Biswas, Dy. Commissioner,
Transport Dept., Insp. Kailash Bisht,
Legal Cell Traffic and SI Uday Singh,
Traffic/HQ.
Mr. Kirtiman Singh, CGSC with
Mr. Gyanesh Bhardwaj and Ms.
Prerna Sah Deo and Mr. Waize Ali
Noor, Advocates for UOI.
Dr. A.M. Singhvi and Mr. Nidhesh
Gupta, Senior Advocates with
Mr. Sonal Jain, Mr. Udayan Jain,
Ms. Heena Sharma, Ms. Anju
Thomas, Mr. Manas Gaur, Advocates
for R-5.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 03.12.2015
In compliance with the last order, learned senior counsel for
respondent nos. 8 and 9 in W.P.(C) 6000/2015 has handed over information
in a sealed cover to this Court as well as to Mr. Naushad Ahmed Khan,
learned additional standing counsel (civil) for Govt. of NCT of Delhi. The
sealed cover handed over in Court has been opened and the information
therein has been perused.
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 3 of 5
Petitioners and respondents are directed to file an affidavit disclosing
the number of taxis as well as details of taxis that are being operated,
managed and maintained by each one of them, namely, details of all taxis
working under each of the party’s platform whether as an aggregator or as
an owner or as an individual. The affidavit should be filed in a sealed cover
in this Court and a copy of the same should be supplied in a sealed cover to
Mr. Naushad Ahmed Khan, who assures this Court that said information will
be kept confidential and will not be disclosed to the competitors. He,
however, states that for practical reasons the said information shall be shared
with the transport officials and Delhi Police.
The statement made by Mr. Naushad Ahmed Khan is accepted by this
Court and the Govt. of NCT of Delhi and Delhi Police are held bound by the
same.
Respondents are also directed to place on record a copy of monthly
schedule of phasing out of the taxis. For instance, the information disclosed
by respondent no. 10 in W.P.(C) 6000/2015 in its latest affidavit is sketchy.
Respondent no. 10 has not disclosed as to how many taxis it has converted
from diesel to CNG.
This Court may mention that it is also inclined to appoint a
Committee of secretaries of Central as well as State governments to examine
the issue of private transport within the NCR region. Parties are directed to
obtain instructions with regard to the suggestion within one week.
th
List on 15 December, 2015.
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 4 of 5
The Court Master is directed to reseal the information provided today
by respondent no. 8 and 9 and place the same in the file of W.P.(C)
6000/2015.
Order dasti under signature of Court Master.
MANMOHAN, J
DECEMBER 03, 2015
rn
CONT.CAS(C) 643/2015, W.P.(C) 6000/2015, 6668/2015 Page 5 of 5