Unthinkable In This Era Of Digital World Registered Taxi Operators Still Charge Exorbitant Rates & Fleece Tourists: J&K&L HC Criticizes UT Administration

The Jammu and Kashmir and Ladakh High Court has pull up the Union Territory administration for its failure to control exorbitant fares charged by taxi operators from tourists visiting the Kashmir valley.

The Single-Judge Bench of Justice Sanjeev Kumar expressed dismay that despite being registered with the Department of Tourism, taxi operators continued to overcharge tourists.

"This Court is at pains to observe that the respondents have failed to regulate the fair charging of rates by the taxi operators. It is unthinkable in this era of digital world that the taxi operators who are registered with the Department of Tourism, can still charge exorbitant rates and fleece the tourists," the Court remarked

The Bench added, "I think the Pahalgam Development Authority has to rise to the occasion and put in place measures like making provision of prepaid taxis, so that no tourist operator can dare to charge the rate higher than fixed by the Department of Tourism."

The Court emphasized the need for immediate measures, suggesting the implementation of prepaid taxi services to enforce fixed rates set by the Department of Tourism. It also directed for stringent actions such as canceling the registration of operators found guilty of overcharging, albeit after providing them with a fair opportunity to be heard.

"The respondents shall also be well within their right to cancel the registration of such taxi operators, who are found to have charged the rate higher than the one fixed by the competent authority. This, however, may be done by the competent authority after providing an opportunity of being heard to the said operators," the Court said. 

The case stemmed from an Writ Petition filed by tourist taxi stands in Pahalgam, contesting the decision of the Director Tourism, Kashmir, to permit additional taxis from recognized stands to operate in the region, which includes popular tourist spots like Aru Valley, Betaab Valley, and Chandanwari.

The petitioners argued that restricting registration of tourist taxis to only 600 vehicles at their stands while allowing others to operate would lead to traffic congestion and disrupt local tourism.

In response, the Court acknowledged the administrative challenges but underscored that taxis must operate only within their permitted routes. It referenced previous proceedings where the Pahalgam Development Authority assured that only registered commercial vehicles could ply specific routes.

Consequently, the Court directed the authorities to uphold these regulations strictly, preventing any unauthorized taxi operations in Pahalgam and its surrounding tourist destinations. It also urged authorities to devise a comprehensive policy that ensures fair competition among operators while maintaining traffic orderliness in Pahalgam

"This petition is accordingly disposed of by providing that the respondents shall not permit any taxi operator to operate its taxi on a route for which it does not hold the valid permit for plying the vehicles from Pahalgam to Aru Valley, Betab Valley, Chandanwari etc. and other tourist destinations, within the jurisdiction of Pahalgam Development Authority. The respondents, however, shall be free to come up with a comprehensive policy to ensure that the taxi operators whose livelihood is dependent upon the tourism in the Pahalgam area, are not deprived of their opportunity of livelihood and at the same time, ensure that there is no traffic chaos created in the township of Pahalgam and in the areas aforementioned," the Court said in its Order. With the aforesaid observations, the Court disposed of the Writ Petition.

Cause Title: Tourist Taxi Stand No.1 Pahalgam & Anr v. Union Territory of J&K and Others 

Appearance:-

Petitioner: Advocate Arif Sikander

Respondent: Advocate Ilyas Nazir Laway

Click here to read/download the Order