HC seeks Delhi govt stand on plea against lock-in period on auto transfer
New Delhi: The Delhi High Court has sought the stand of the city government on a petition against the restriction of a 5-year lock-in period on transfer of three-seater auto rickshaws (TSR) by the owners.
Justice Manoj Kumar Ohri issued notice to the Delhi government on May 31 on the petition by Auto Driver Kalyan Union, which claimed to be working for the welfare of TSR vehicle owners and drivers.
The Delhi government counsel said a policy decision will be taken to explore the feasibility of carving out exceptions, and sought time from the court to file a status report.
Advocate Beenashaw N Soni, the counsel for the petitioner, submitted the lock-in period of five years before TSR autos could be transferred, is an unreasonable restriction, which is in existence only in the national capital. No such restriction has been imposed on any other public utility vehicle.
The petitioner has said because of the lock-in period imposed by the Delhi government, the owners of TSR autos, who have purchased the vehicle with their hard-earned money, are facing tremendous difficulty.
The Union said some owners even want to replace their vehicles with electric autos but that is not possible because of the restriction.
"TSR auto which is the movable asset of the poor auto driver has the right to sell this property because he has duly purchased this vehicle from Delhi Government without any subsidy and without any discount, has given full price whatever Delhi government has asked," the petition said.
"This Hon'ble Court, may kindly be pleased to issue a writ in the nature of mandamus or any other appropriate writ/ order/ direction against the respondents (Delhi government authorities) inter-alia directing the respondents to lift the lock-in period for transfer of TSR auto so that owners of TSR auto may be able to transfer their vehicles without any restriction of 5 years lock-in period," it prayed.
The plea stated there can be many reasons for a person to sell his TSR, including not being medically fit to drive or not wanting to drive the vehicle anymore.
The matter will be heard next on August 29.
