MANUSHI SANGATHAN, DELHI Vs. GOVT OF DELHI

JUDGEMENT

(1.) This order deals with two issues: one regarding provision of separate lanes in roads for non-motorised vehicles ('NMVs') and the second, the decongestion of the main Chandni Chowk thoroughfare. NMV Lanes

(2.) To begin with it may be recalled that in the main writ petition i.e. W.P. (C) No. 4572 of 2007 was filed by Manushi Sangathan challenging the correctness of the decision of the Division Bench of this Court dated 26th July 2006 in Hem Raj v. Commissioner of Police [W.P.(C) No. 3419 of 1999] to the extent that it upheld the imposition by the Municipal Corporation of Delhi ('MCD') of a cap on the total number of rickshaw licences that could be issued and the restrictions placed on persons other than owners plying rickshaws. The Full Bench of this Court delivered a judgment on 10th February 2010 by which the decision in Hem Raj was overruled and it was held inter alia that the cap imposed by the MCD in respect of cycle rickshaws licences which could be issued was arbitrary. The 'owner-plier' policy embodied in the proviso to Bye-law 3(1) of the MCD Bye-laws governing rickshaws was declared as arbitrary and void and the said proviso was quashed.

(3.) Manushi Sangathan had also questioned the restriction placed on rickshaws plying on arterial roads. While declining to hold the ban to be illegal the Full Bench observed that "the matter requires thorough review and consideration of all aspects." The Full Bench issued the following directions: