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Refusing to interfere with its single-judge bench order upholding the ban on app-based cabs in the city, the Delhi High Court today held as "factually incorrect" Ola's contention that non-CNG commercial vehicles were not barred from plying in the national capital.
A bench of Chief Justice G Rohini and Justice Jayant Nath also said the online cab service aggregator's contention that as per Supreme Court orders taxis only needed to be Euro II compliant was "misplaced" and dismissed the company's plea challenging the single-judge's July 29 interim order.
The court also said the July 29 order directing Delhi government and the traffic police to enforce the transport department's January 1, 2015, order banning operation of app-based cab services till they comply with the modified Radio Taxi Scheme, was "unexceptionable".
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The bench observed that the single-judge's direction was passed with the purpose of strict compliance of the apex court's orders in M C Mehta case.
"On a careful reading of the various orders passed in M C Mehta from time to time, it appears to us that the assertion of the appellant (Ola), that there is no ban on plying commercial vehicles in Delhi unless they are converted to single fuel mode of CNG, is factually incorrect," it said.
"In the order dated March 26, 2001 in M C Mehta, the Supreme Court reiterated that no commercial vehicles shall ply in Delhi unless converted to single fuel mode of CNG with effect from April 1, 2001.
"The reliance of the senior counsel for the appellant on the order dated September 24, 1999 to substantiate his contention that the requirement is only to the effect that the diesel driven taxis shall conform to EURO II norm appears to be misplaced in the light of the later orders...," the court also said.
ANI Technologies Pvt Ltd, which operates under the name of Ola, had challenged the single-judge's July 29 order.
