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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Arnab Roy – Appellant
Versus
Joint Transport Commissioner – Respondent
| Table of Content |
|---|
| 1. safety issues of unregulated rickshaws (Para 1 , 2) |
| 2. requirements for registration and compliance (Para 3) |
| 3. court orders for compliance and registration (Para 4) |
| 4. disposition of the public interest litigation (Para 5) |
JUDGMENT
I. Mahanty; CJ. - Heard Mr. Somik Deb, learned amicus curiae appearing for the petitioner-in-person and learned Government Advocate Mr. Debalay Bhattacharjee for the respondent-State as well as learned counsel Mr. Arijit Bhowmik appearing for the Agartala Municipal Corporation.
2. The safety and security of pedal rickshaws which are powered by battery is the main issue of contention, especially since unregulated/unregistered plying of rickshaws in Agartala in particular and Tripura in general, has led to severe accidents and safety and security of both the passengers as well as the rickshaw pullers are at stake.
3. Admittedly, the requirement for registration of rickshaws falls under the Tripura Rickshaw Regulation Act , 2014 and is also governed by the Tripura Rickshaws Regulation Rules, 2019. Specifically, Regulations 16 and 32 which are relevant for our purpose are noted as under:
'16. Registration of rickshaw:-
(i) No rickshaw shall be reg
The court mandated the registration of battery-powered rickshaws to enhance public safety and compliance with speed regulations, ruling against unregulated operation.
The State is responsible for ensuring the registration of E-rickshaws and stopping the illegal plying of unregistered E-rickshaws.
Authorities cannot impose a blanket ban on vehicle registrations without explicit legislative authority, as it exceeds the powers granted under existing rules.
The court held that no permit is needed for electric vehicles, directing the petitioner to seek parking from relevant authorities.
Statutory rights for vehicle registration must comply with specified regulations while considering existing legal precedents.
Court mandated issuance of vehicle registration for e-rickshaws, citing similar previous orders, contingent on compliance with regulations and ongoing litigation.
The court upheld the right to register e-rickshaws subject to conditions, affirming compliance with statutory guidelines amidst ongoing related litigation.
The authority of the Traffic Regulatory Committee in managing public traffic issues, and the procedural requirements for grievance redressal.
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