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2010 Supreme(Del) 153

S.RAVINDRA BHAT, S.MURALIDHAR
MANUSHI SANGTHAN, DELHI – Appellant
Versus
GOVT. OF DELHI – Respondent


Advocates Appeared
Through :Mr. Prashant Bhushan with Ms. Indira Unininayar and Mr. Somesh Rattan, Advocates
Through :Ms. Madhu Tewatia with Ms. Sidhi Arora, Advocate for MCD. Ms. Meera Bhatia with Ms. Amita Arora, Advocates for Resp. Nos. 1, 4 & 5. Mr. Vikram Nandrajog, Advocate for applicant in CM No.3702/09.
Mr. Vikas Pahwa, Advocate for Delhi Police.
Mr. Sanjeev Ralli, Advocate for intervenor.

judgment

MR. JUSTICE S.RAVINDRA BHAT,

1. In these proceedings under Article 226 of the Constitution of India by way of

public interest litigation, the writ petitioners (hereafter referred to as “Manushi” and “ITD” -short for Initiative Transportation and Development, which has instituted WP(C) No. 8580/2009) seek directions for declaring that the ceiling or limit, fixed by the respondent – Delhi Municipal Corporation (hereinafter referred to as “MCD”) on the issuance of cycle rickshaw licenses is illegal and void. The petitioners also seek declaration under Rule 3(1) of the Delhi Municipal Corporation Cycle Rickshaw Bye-laws, 1960, (hereafter “the 1960 byelaws”) to the extent it limits the grant of licenses to owner-pliers (of cycle rickshaws) is also unconstitutional and void. Other directions for quashing the policy of MCD enabling impounding, confiscating and destruction of cycle rickshaws, imposition of penalties and the regime of zoning mandated by MCD as well as the Delhi Police another respondent, in these proceedings have been sought. The petitioners urge that the respondents should be directed to ensure that separate lanes are created to facilitate smoother movement of cycl









































































































































































































































































































































































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