MANUSHI SANGATHAN Vs. GOVT OF DELHI

JUDGEMENT

(1.) This is an application filed by Municipal Corporation of Delhi ('MCD') seeking modification of the directions contained in paras 8 and 9 of the order passed by this Court on 2 nd June 2012.

(2.) The background to this application is that in the judgment dated 10 th February 2010 of the Full Bench of this Court in Manushi Sangathan, Delhi v. Government of Delhi, 2010 168 DLT 168 (hereinafter 'the Full Bench judgment') this Court had inter alia held that under owner-plier policy and Bye-law 3(1) of the Delhi Municipal Corporation Cycle Rickshaw Bye-laws 1960 ('Cycle Rickshaw Bye-laws') were arbitrary and void, and accordingly quashed them. Further, Clauses 4(k) and (l) of the MCD's policy of 2007 and also Bye-laws 17(b) and 17-A of the Cycle Rickshaw Bye-laws to the extent they permitted confiscation and scrapping of cycle rickshaws and mandated a continuing offence, prescribing specific sanctions, were held to be without authority of law and contrary to the Delhi Municipal Corporation Act 1957 ('DMC Act').

(3.) Detailed directions were issued by the Full Bench to constitute a special task force to inter alia explore all the questions pertaining to road traffic in Delhi, for "ensuring equitable access to all classes of vehicles that ply on the roads including non-motorized transport such as bicycles and cycle rickshaws." The task force was asked to "review all aspects pertaining to traffic flow, registration of vehicles, restrictions in respect of vehicular movement (of all classes of vehicles- heavy, light, private, non-motorized) which would include review and consideration of all existing policies, and regulatory measures and make such recommendations, as would promote the objectives of ensuring equitable access to all kinds of vehicles, minimizing harmful impact on the environment, smoothening the flow of traffic, and at the same time accommodate the concerns of all interests". By way of a continuing mandamus the Full Bench directed listing of the petitions for monitoring the progress of implementation of its directions periodically.