- (1.) S.L.P.(C) No. 19960 of 2010 This petition is directed against the order of the Full Bench of the Delhi High Court, the operative portion of which reads as under: In the light of the above discussion, it is held that: A (a) The restriction or cap imposed by the MCD in respect of cycle rickshaws licenses which can be issued, is held to be arbitrary, and the impugned 2007 policy particularly Clause 4(c) is hereby set aside to that extent. The decision dated 26.07.2006 of this Court in Hemraj s case in W.P.(C) 3419/1999 is hereby overruled. (b) The "owner-plier" policy embodied in Bye-law 3(1) provisos, is hereby declared as arbitrary and void, and the said provisos, being severable, are quashed; (c) Clauses 4 (k) and (1) of the impugned policy of 2007 and Bye-laws 17 (b) and 17-A of the 1960 Bye-laws to the extent they permit confiscation, and scrapping of cycle rickshaws, and mandate a continuing offence, prescribing specific sanctions, are without authority of law, and contrary to the Delhi Municipal Corporation Act, 1957; (d) The Court does not, in the present circumstances hold that the zoning restrictions, or the ban on the use of cycle rickshaws on arterial roads, is illegal or unjustified. However, it is of the opinion that the matter requires thorough review and consideration of all aspects. (e) This Court is of opinion that reasonable provision for parking of cycle rickshaws should be made, or in the alternative, the authorities should examine the options available to them to ensure that the rickshaw pliers and licensees are not harassed. As far as providing separate tracks on roads is concerned, the Court proposes to deal with the aspects along with others, in the directions to be made, hereafter. B This Court, in the light of the above findings, and observations, issues the following directions: (i) The Govt. of NCT of Delhi, the MCD, the Delhi Development Authority, the Delhi Police, shall constitute a special task force to explore all the questions pertaining to road traffic in Delhi, with the objective of minimizing congestion, reducing pollution levels of motor vehicles, and ensuring equitable access to all classes of vehicles that ply on the roads, including non-motorized transport such as bicycles and cycle rickshaws. The Government of NCT of Delhi shall issue a Notification within 6 weeks, for this purpose, and also accord adequate budgetary support for this purpose. (ii) The above Task Force shall be constituted by the Chief Secretary. Its membership shall comprise of a traffic expert, to be nominated by the Govt. of NCJ of Delhi; a nominee of the Commissioner of Police, Delhi, with at least five years experience in traffic management, and not below the rank of Deputy Commissioner of Police; a town planning expert nominated by the Delhi Development Authority, with experience, and familiarity in respect of road management aspects pertaining to planning; two nominees from the private sector, or drawn from autonomous institutions, with experience and expertise in road management and traffic flows in large metropolises; a nominee with expertise in air pollution control, drawn from a voluntary agency or non-government organization, and a nominee from a non-government organization with experience in the field of environment and urban livelihood. The Principal Secretary, Transport of the Govt. of NCT of Delhi, shall be the member-Secretary of the Task Force; (iii) The Task force shall 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. The Task Force may also make interim reports, and recommend pilot projects, to consider feasibility of any new practice or policy. (iv) The Task Force shall consider the views of all those interested in presenting them, with a view to take a broader perspective. To achieve this end, the Force shall place its viewpoints on the public domain, and invite comments or objections on its proposals, which it shall duly consider, and in the process, may also hear any interested party or parties. (v) Any proposal which the Government of NCT or the MCD, or any other local authority or agencies wishes to implement shall be notified to the general public for information (and comments and views, objections or suggestions, as the case may be). After duly considering such views, the proposals shall be implemented, provided however, that some reasonable transition time is granted to all concerned persons, including commuters, vehicle owners, licensees, etc. (vi) The first Meeting of the Task Force shall be held in eight weeks from today. (vii) These Petitions shall be listed on 7th April, 2010 before a Division Bench, to monitor the progress of implementation of this judgment, and thereafter the matter shall be so listed on the 2nd Wednesday of each month. (viii) This Court issues a continuing mandamus, for the above purpose. We have heard Smt. Madhu Tewatia, Learned Counsel for the Petitioner and Shri Prashant Bhushan, Learned Counsel for Respondent No. 1 and carefully perused the record.
(2.) Learned Counsel for the Petitioner submitted that Clause A(c) of the operative portion of the impugned order runs contrary to statutory provisions and is, therefore, liable to be set aside.
(3.) We have considered the submission of the Learned Counsel but have not felt impressed because the impugned order does not have the effect of obliterating bye-law 17(A), which provides for imposition of fine upto Rs. 50/-. Insofar as other directions of the High Court are concerned, we do not find any infirmity in the same.;