Delhi HC Issues Notice To State On A Plea Seeking Lifting Of 5-Yr Lock-In Period For Transfer Of TSR Autos

The Delhi High Court has issued a notice to the State Government while dealing with a plea seeking the lifting of a 5-year lock-in period for the transfer of TSR (Three-Seater Auto Rickshaws) autos by the owners.

A Single Bench of Justice Manoj Kumar Ohri noted, “Ms. Beenashaw Soni, learned counsel for the petitioner submits that the lock-in period of five year for transfer of TSR auto/vehicles is an unreasonable restrictions and such restrictions are imposed only in the State of Govt. of NCT of Delhi. She further submits that such restrictions are not imposed on the other public utility vehicle. She also submits that a representation in this regard was made on 07.01.2023 which has remained unanswered.”

“Issue notice”, directed the Bench.

Advocates Beenashaw N. Soni and Abhishek Gupta appeared on behalf of the petitioner i.e., Auto Driver Kalyan Union while ASC Satyakam and Advocate Pallavi Singh appeared on behalf of the respondents.

In this case, a writ petition was filed under Article 226 of the Constitution by the petitioner which claimed itself to be a Registered Union of TSR Vehicles owners/drivers. The petitioner sought the issuance of a writ of mandamus or any other direction to the respondents to lift the lock-in period for the transfer of TSR auto so that its owners may be able to transfer their vehicles without any restriction of the lock-in period of 5 years.

The petitioner further sought a direction against the respondents to allow the Auto TSR owners to get their old CNG Auto TSR replaced with a new Electric TSR Auto/ E-Auto when required.

The High Court in the above context observed, “Mr. Satyakam, learned Additional Standing Counsel appears and accepts notice on behalf of the respondents and, on instructions, submits that considering the grievance made, a policy decision would be taken to explore the feasibility of carving out exceptions, if any. He seeks some time to file the Status Report.”

Accordingly, the Court listed the matter for the next hearing on August 29, 2023.

Cause Title- Auto Driver Kalyan Union Reg v. The Govt. of NCT of Delhi & Ors.

Click here to read/download the Order