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1980 Supreme(SC) 337

SUPREME COURT OF INDIA
O.Chinnappa Reddy : R.S.Pathak : V.R.Krishna Iyer
Nanhu: Gulab Singh
Versus
Delhi Administration
Case No. : 841 of 1980,728 of 1980
Date of Decision : 8/5/80
Advocates Appeared: Ashri S.M. : Maheshwari B.P. : Saran K.Par A. : Sethi Suresh : Sharma R.S.

Advocates:
B.P.MAHESHVARI, K.PARASARAN ATTORNEY, R.S.Sharma, S.M.Ashri, Suresh Sethi

Headnote:

Constitution of India, 1950 - Articles 32 and 226 - Grant Licenses For Plying Rickshaws - We have disposed of today applications from cycle rickshaw pliers of municipality where a scheme has been worked out to help them become owners of cycle rickshaws - A similar scheme says solicitor-general appearing for administration will be extended to territory - We therefore annex a copy of judgment in writ petition - There is another problem which arises in these two cases and that is that administration has put a ceiling on total number of cycle rickshaws permissible to be plied within its territory - Perhaps we do not know for certain this number may not accommodate all applicants for cycle rickshaws applying licenses – Held, We are told that apart from applicants in this court there are numerous petitioners who have approached high court and yet others who have filed suits in civil courts for same relief - All that we can do is to accept suggestion made by learned solicitor-general that administration will effectively publicize and notify applications for licenses for plying of cycle rickshaws and all those who apply will be considered on their merits including length of service as cycle rickshaw pliers - Criteria that administration will adopt must be reasonable and relevant; otherwise it will be open to aggrieved parties to challenge selection - Likewise we do not want to fetter rights of parties aggrieved if ceiling upon total number of rickshaws permissible within territory is arbitrary - Petitioners will be allowed.

V.R. KRISHNA lYER, J.

(1) WE have disposed of today applications from cycle rickshaw pliers of Arnritsar Municipality where a scheme has been worked out to help them become owners of cycle rickshaws. A similar scheme, says the Solicitor-General appearing for the Delhi Administration, will be extended to the Delhi territory. We, therefore, annex a copy of the judgment in Writ Petition 839 of 1979 and 563 of 1979 - Azad Rickshaw Pullers Union, Arnritsar v. State of Punjab and Nanak Chand v. State of Punjab, respectively to this judgment.

(2) THERE is another problem which arises in these two cases and that is that the Delhi Administration has put a ceiling on the total number of cycle rickshaws permissible to be plied within its territory. Perhaps we do not know for certain this number may not accommodate all the applicants for cycle rickshaws applying (sic) licencees. We are told that apart from the applicants in this court under Article 32 of the Constitution, there are numerous petitioners who have approached the High court of Delhi under Article 226 of the Constitution and yet others who have filed suits in Civil courts for the same relief. All that we can do is to accept the suggestion made by the learned Solicitor-General that the Delhi Administration will effectively publicize and notify applications for licencees for plying of cycle rickshaws and all those who apply will be considered on their merits including length of service as cycle rickshaw pliers. The criteria that the Delhi Administration will adopt must be reasonable and relevant; otherwise it will be open to the aggrieved parties to challenge the selection. Likewise we do not want to fetter the rights of parties aggrieved if the ceiling upon the total number of rickshaws permissible within the Delhi territory is arbitrary.

(3) ON the basis of reasonable criteria the Delhi Administration will direct the concerned Municipal Authorities to grant licences for plying rickshaws and if the applicants so chosen are not owners in themselves all the facilities we have indicated in the Arnritsar order will be extended to such cycle rickshaw pliers fixing reasonable time-limits. With these directions we dispose of the applications. Until fresh licences are issued by the Delhi Administration and the Municipal Authorities the present petitioners will be allowed to ply their cycle rickshaws.

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