MUMBAI PUNE TAXI OWNERS ASSOCIATION Vs. PRINCIPAL SECRETARY, MINISTRY OF SURFACE TRANSPORT, MAHARASHTRA STATE, BOMBAY

JUDGEMENT

(1.) The petitioner - Mumbai Pune Taxi Owners Association is a Society registered under the Societies Registration Act, 1860 comprising taxi owners operating taxi services on 'point to point basis' (contract carriage permit holders) between Mumbai and Pune.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioner inter alia impugns a decision of the respondents, i.e., the Regional Transport Authority requiring contract carriage permit holders operating Mumbai-Pune taxi services and who have obtained or are going to apply for "replacement of permit vehicle" to have vehicles with engine capacity above 1300 cc. This decision is contained in a Resolution dated 5.8.2010 adopted by the Regional Transport Authority, Maharashtra (Exh.A) and confirmed/reiterated by the same authority vide Resolution dated 16.3.2013 (Exh.O)

(3.) In the year 2010, the petitioner represented to the respondents seeking an increase in fare for the Mumbai-Pune route. This proposal was taken up for consideration by the Regional Transport Authority- Mumbai, Metropolitan Region in its meeting held on 5.8.2010. The demand of the petitioner for enhancement of taxi fares was partly accepted and in the same meeting, R.T.A. resolved that all permit holders who have taken replacement orders or who are henceforth going to apply for "replacement of vehicle" should be permitted to do so only if the engine capacity of the vehicle to be replaced is above 1300 CC.