Wednesday 18 April 2012

Reply filed by RTO Central in the Hon'ble High Court of Bombay Pre Paid Booth Allotment Scam


IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.              OF 2012
(Lodging No. 2925/2011)

Mumbai Taximen Sangathan & Others              …. Petitioners
Versus
State of Maharashtra & Others                            …. Respondents
I, MADHUKAR B. JADHAV, Regional Transport Officer, Mumbai (Central) office, having my office at Old Bodyguard Lane, Tulsiwadi, Tardeo, Mumbai 400 034 do hereby affirm and state as under:
1.     I say that I have read a copy of the above Writ Petition along with the annexure thereto. I have gone through the records, files and documents pertaining to the subject matter of the above Writ Petition and on the basis of the information derived there from.  I am making this Affidavit in reply pm behalf of the Respondent Nos. 1 to 5 to oppose admission of the petition and grant of interim reliefs to the Petitioner.  I have been authorized by the transport Commissioner, Maharashtra State to file this Affidavit.  I deny each and every allegation in the petition which is contrary to and/or inconsistent with what is stated by me herein below.  I crave leave of this Hon’ble Court to file a detailed affidavit at a later stage if required.

2.     At the outset, I say that the petition is misconceived and liable to be dismissed.  The petitioners have not made out any case for grant of the reliefs prayed for in the petition and the petition deserves to be dismissed. In reply to the petition, on behalf of the Respondent Nos. 1 to 5, I have to state as under:

3.     With reference to Para 3(a) of the petition, it is submitted that prepaid taxi booth at International Airport, Sahar is being operated by the Airport Taximen Welfare Trust since 1983.  The said trust is registered in the year 1984 at the Charity Commissioner’s office. The Charity Commissioner is the controller of the said trust regarding the audit and the trustees who are administrating the said trust.  The Respondent No. 2 to 5 are not controller of the said trust.  The prepaid taxi service has been introduced for the convenience and safety of the passengers at the international airport who are coming to Mumbai city by airways.

4.     With reference to Para 3(b) of the petition, most of the contents thereof pertain to Respondent Nos.  6, 7 and 12.  I say that the respondent No. 12 i.e. Airport Taximen Welfare Trust is registered under Public Trust Act has to submit their accounts and audit report before the Charity Commissioner.  The Charity Commissioner is the controller of the said trust.  It is not the duty of the Respondent No. 2 to 5 to check and verify the income of the said trust.  However, the Respondent No. 4   exercises general supervision over the working of the said prepaid scheme.  I further submit that the Respondent No. 2 to 5 have not received any major complaints from the passengers, regarding the working of the booth by Respondent no. 12.

5.     With reference to Paras 3 © and (d) of the petition, I say that the Mumbai Metropolitan Regional Transport Authority (MMRTA) has resolved to start the prepaid taxi scheme at Chatrapati Shivaji Railway Terminus,  Dadar Railway Terminus, Mumbai Central Railway terminus, Bandra Railway Terminus, Lokmanya Tilak Railway terminus vide Resolution No. 17/2011 dated 12.05.2011, taking into consideration of the convenience of the passengers who are arriving at the railway station from various places.  I say that as per the said resolution passed by the MMRTA, the Respondent No. 5, Regional Transport Office, Mumbai (Central), has started the prepaid booths at Mumbai Central Railway Terminus and Dadar Railway terminus.  Respondent No. 4, Regional Transport Office, Western Region has started the prepaid booths at Bandra Railway Terminus, Respondent No.  3, Regional Transport office, Eastern Region has started the prepaid booths at Lokmanya Tilak Railway Terminus. The said booths are allotted to the Bhartiya Taxi Chalak Sangh at Mumbai Central railway Terminus, Mumbai Taxi Association at Dadar Railway Terminus, Mumbai Taxi Chalak Malak Sena at Bandra Railway Terminus and Mumbai Taximen Union at Lokmanya Tilak Railway Terminus. I say that while allotting the said booths, the Respondent Nos.  3 to 5 have taken into consideration the establishment and experience of taxi unions, number of members of the said union, 3 years audit reports to check the financial status of the said unions and the choice of the place of the booth given by the taxi unions.  I deny the allegation of the petitioner made in Para 3(d) of the petition that the Respondent Nos. 3 to 5 have allotted the prepaid taxi booth to their favorite taxi union.  The allotment is done as per the parameter mentioned above.  It is further submitted that the Respondent No. 3 to 5 have entered into an agreement with taxi union for smooth operation of the scheme and have also  accepted performance guarantee to the tune of Rs. 1 Lakh in the form of bank guarantee from the union.  The agreement is for a period of one year.  It is further submitted that taxi union is authorized to collect Rs. 10/- as service charge per trip from a passenger for a distance of more than 4 k.m.  As per the agreement an amount which remains as balance after incurring expenditure for running the booth is to be used for the welfare of the Taximen and to provide facilities to passengers.
6.     With reference to Para 3 (e) and 3 (h) of the petition, I submit that the Regional transport Authority has taken the decision to start the  Prepaid Taxi & Auto rickshaw Service at Domestic Airport, Santacruz vide Resolution No. 9/2007 on 21/02/2007.  In view of the said Resolution, a meeting was held under the chairmanship of the Joint Commissioner of Police (Traffic) on 03/07/2009.  In the said meeting, it was decided that prepaid booth will be operated by private professional agency appointed by Mumbai International Airport Pvt. Ltd and not by any taxi union.  The minutes of the said meeting inter alia, are as under:-
“The Jt. CP (Traffic) stated that the prepaid booth will be operated by a private professional agency appointed by MIAL and not by any union.  He asked Mr. Lokesh Uttarwar, officer of MIAL about the total expenditure incurred so far on the computerization of prepaid taxi scheme and the rent of the counter spaced in Terminal 1A & 1B.  He further stated that the cameras will be installed by MIAL at the pickup points as well as at the counters and ensure that the recordings are maintained for at least for a month.  Mr. Lokesh Uttarwar informed that the outlay is to the tune of 11 lacs without taking into account the rent and salaries of the staff”
The Joint CP (Traffic) ruled that MIAL will not be allowed to generate income from the prepaid taxi booth.  Mr. Lokesh Uttarwar confirmed that it is not MIAL’s desire to earn a penny out of this service and they shall not themselves be operating the service, but would like a neutral professional agency to do this job.  Jt. CP (Traffic) clarified that the said booth will be operated by a private professional agency appointed by a Trust comprising of Joint Commissioner of Police (Traffic), RTO Mumbai (West Zone).  The Sr. PI Traffic – Vakola Division (with designation) and a MIAL representative.  One member from each union will be called to attend the periodical meeting held by the trust as an invitee.  Each union should nominate their representative for this purpose and inform Mr. Lokesh in writing.  The private agency after deducting the operating costs (including rent for the counters, salaries and covering part of capital investments) shall transfer the surplus amount to the trust.  This corpus shall be used for the welfare of the taxi drivers registering themselves with the Trust as operators at the domestic airport prepaid service with full details (MDL/Badge No.  Address/Bank a/c details).
The trust will be support the needy beneficiaries registered drivers in exigencies such as hospitalization/higher education of their children etc. as per the set rules which will form a part of the trust document. All present agreed to this modality of running the prepaid system.

The Jt. CP (Traffic) thereafter asked the gathering to fix a date for starting prepaid service at the Domestic Airport.  He further stated that he would seek the necessary approval from the Government to allow the Jt. CP (Traffic), the RTO (West) and SPI Traffic-Vakola division to form the trust as it is required as per the Government Service Regulations.  He further stated that pending formation of the trust, the work pertaining to starting of prepaid scheme should not be delayed.  He directed that the legal department of MIAL should put up the draft trust deed for approval on the above lines and that the agency should also be finalized in consultation with the proposed trustees.  All present unanimously agreed to start the prepaid service from 15th July 2009 onwards.  The meeting ended with a vote of thanks.  I say that as per the decision taken the said meeting, the Mumbai International Airport Pvt. Ltd has started the service of prepaid taxi service.
7.     With reference to Para 3 (f) of the petition, I deny the contention raised by the Petitioner in this Para.  I say that prepaid taxi service booth at International Airport has been allotted to the Airport Taximen Welfare Trust, which is registered under the Public Trust Act. Prepaid taxi service booth at Lokmanya Tilak Railway Terminus has been allotted to the Mumbai Taxi Union and the prepaid taxi service booth at Dadar has been allotted to Mumbai taxi Association respectively.  Both the unions are registered separately.  They have got their own separate identity.  Hence the contention raised by the Petitioner in this Para is not correct.

8.     With reference to Para 3 (h) of the petition, the same is replied to in Para 6 hereinabove.  I further say that as per the minutes of the meeting held on 04.07.2009 under Chairmanship of the Joint Commissioner of Police (traffic), decision was taken to form a trust comprising of the Joint CP (traffic), RTO Mumbai (west), the SPI (Traffic) Vakola Division and MIAL.  It was also decided in the said meeting that prepaid taxi booth will be operated by a private professional agency appointed by the trust.  The Joint Commissioner of Police (Traffic) has made correspondence with the Government for obtaining the permission for appointing Government Officers as trustees on the said trust.  The regional Transport Officer, Mumbai (West Zone) also addressed a letter dated 01.12.2009 to the Deputy Transport Commissioner (enforcement-1) to grant permission to work as trustee for the said trust.

9.     With reference to Para 3 (m) of the petition, I do not admit the contents therein.  I say that if any illegal act is committed by any Taxi driver then for the convenience of the passengers and for immediate help, the Telephone number of the office of traffic Police is given on the slip issued by the Respondent No. 12.  It is further submitted that if the Traffic Police finds that a taxi driver has committed some offence or has violated any Rules, then they prosecute such driver or recover compounding fees from them.  The matter is then referred to the Respondent Nos. 3 to 5 for Departmental Action against the permit holder.

10.                       With reference to Para 3 (n) of the petition, I say that Respondent Nos.6, 7, 8 and 9 are registered trade unions and Respondent No. 12 is a trust registered under Public Trust Act.  The trade unions have to submit their audit report to the Registrar of Trade Unions annually and their accounts are also audited annually.  The Respondent No. 12 is a trust and it has to submit its audit reports every year to the concerned authority i.e. Commissioner for Charitable Trust.  The Respondent No. 1 to 5 therefore do not check the financial accounts of the Trust or Trade Unions who are operating the prepaid taxi booths. However, the respondent No. 4 has issued a letter to Mumbai International Airport Pvt. Ltd and Mumbai Airport Taximen’s Welfare Trust asking for a copy of the yearly audit reports.

11.                       With reference to Para 3 (o) of the petition, it is submitted that the MMRTA which is competent Authority to accord approval, has approved the prepaid taxi scheme.  Accordingly, at the international airport, Airport Taximen’s Welfare Trust is operating the scheme; at the domestic airport, MIAL is operating the scheme; at the Bandra Terminus, the Transport Commissioner has accorded approval to the proposal submitted by Regional Transport Office recommending the name of Mumbai taxi Chalak Malak Sena to operate the booth.

12.                       I deny the allegations made in Para 3 (p) of the petition.  I say that the said allegations made against the Respondent Nos. 1 to 5 are false and baseless.

13.                       With reference to Para 3 (q) of the petition, I say that the Respondent Nos.  3 to 5 exercise control over the prepaid taxi scheme by general supervision in their respective jurisdiction. I further submit that the data regarding the number of passengers who have taken benefit of prepaid taxi scheme is not required by the Respondent Nos. 3 to 5.  I say that the purpose of permitting prepaid taxi service is to provide a better and secure transport to the passengers arriving by Airways and Railways.

In view of what is stated by me hereinabove, I respectfully say and submit that the above Writ Petition being devoid of any merits be dismissed.
Solemnly affirmed at Bombay                                    )
Dated this _____ day of ____________2012       )

            Before me,

Associate/Asstt. Master,
High Court, Bombay

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