It gave the state government two weeks to decide on Uber’s application thereafter.
The apex court also asked the state government to expeditiously frame an appropriate policy for aggregators in terms of the central government’s guidelines for the same.
Until the state government notifies or compiles its draft rules, the Central Rules (Motor Vehicle Aggregator Guidelines 2020) would hold the field, it said.
“You (Uber) apply for a licence or adhere to guidelines … You cannot operate under an interim order of the court. You cannot work as an aggregator without a licence and that is a statutory mandate… We are of the view that interim order permitting them to operate without licence cannot stand, as an aggregator cannot work in absence of licence. Uber to apply for a licence within a period of three weeks, on or before March 6, 2023,” a Bench led by Chief Justice DY Chandrachud said.
Uber is currently working under a provisional aggregator licence.
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“The indecision of the state government leads to uncertainty in the business of aggregators, which is best avoided. We also don’t want Uber to come to a halt. You must decide quickly. Problems arise as you don’t make rules,” the CJI told the Maharashtra government counsel.Last year, the apex court had ordered status quo on a Bombay High Court order that had directed cab aggregators like Ola and Uber to apply for valid licences following the central government’s aggregator guidelines.
The High Court had on March 7 last year asked the aggregators to seek and obtain licences by the rules framed by the central government within a week, as the Maharashtra government was yet to frame its own cab aggregator rules in line with the central government’s statute.
Earlier, app-based cab aggregators were operating in the state with the licence provided to them under the Maharashtra City Taxi Rules, 2017.