New Delhi:
Cycle rickshaws can ply in the national Capital without any curb on their number, the Delhi
High Court ruled on Wednesday saying the fundamental right of rickshaw-pullers to earn livelihood cannot be violated.
A full Bench headed by Chief Justice A P Shah quashed MCD's decision of not allowing more than 99,000 rickshaws to ply on the roads.
"The right of an individual or citizen to ply cycle rickshaws or other forms of transport falls within the legitimate exercise of his freedom guaranteed under the Fundamental Rights of the Constitution," said the Bench also comprising Justices S Ravindra Bhatt and S Muralidhar.
"It is held that the limit of 99,000 placed on the number of licenses which can be issued by MCD is arbitrary and hereby set aside," the court said adding there is no objective material which can "remotely justify" imposition of a cap.
The court pointed out that the authorities have from time to time increased the upper limit of number of rickshaws in the national Capital and it cannot be fixed.
"Scientific and rational road management is an everyday challenge faced by municipal and police authorities in view of the expansion of vehicular traffic in metropolises and big cities. However, to say that a segment of such vehicles primarily non-motorized--have to be eliminated altogether or drastically reduced, there has to be something more than a mere assumption," the court said in its 63-page verdict.
High Court ruled on Wednesday saying the fundamental right of rickshaw-pullers to earn livelihood cannot be violated.
A full Bench headed by Chief Justice A P Shah quashed MCD's decision of not allowing more than 99,000 rickshaws to ply on the roads.
"The right of an individual or citizen to ply cycle rickshaws or other forms of transport falls within the legitimate exercise of his freedom guaranteed under the Fundamental Rights of the Constitution," said the Bench also comprising Justices S Ravindra Bhatt and S Muralidhar.
"It is held that the limit of 99,000 placed on the number of licenses which can be issued by MCD is arbitrary and hereby set aside," the court said adding there is no objective material which can "remotely justify" imposition of a cap.
The court pointed out that the authorities have from time to time increased the upper limit of number of rickshaws in the national Capital and it cannot be fixed.
"Scientific and rational road management is an everyday challenge faced by municipal and police authorities in view of the expansion of vehicular traffic in metropolises and big cities. However, to say that a segment of such vehicles primarily non-motorized--have to be eliminated altogether or drastically reduced, there has to be something more than a mere assumption," the court said in its 63-page verdict.
