W.P.(C) 13090/2021

$~35

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 11^th February, 2022

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W.P.(C) 13090/2021& CM APPL. 41295/2021

AUTO PARIVAR CHARITABLE

WELFARE SOCIETY & ANR.

..... Petitioners

versus

GOVT. OF NCT OF DELHI

..... Respondent

Advocates who appeared in this case:

For the Petitioners:

Mr. Nikhil Nayyar, Senior Advocate with Mr. Amit

Agrawal, Ms. Sugandha Batra, Mr. Divyanshu Rai, Mr.

Rahul Kukreja, Ms. Radhika Yadav, Mr. Naman Khatwani,

Advocates

For the Respondent: Mr. Rahul Mehra, Senior Advocate with Ms. Jyoti

Mendiratta, Advocate, Mr. Satyakam, ASC and Mr.

Chaitanya Gosain, Advocate for R-1

CORAM:-

HON’BLE MR. JUSTICE SANJEEV SACHDEVA

JUDGMENT

SANJEEV SACHDEVA, J

1.

The hearing was conducted through video conferencing.

2.

Petitioners seek quashing of advertisement dated 18.10.2021

and public notice dated 24.10.2021 whereby the Transport

Department of Govt. of NCT of Delhi has invited online applications

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000542

W.P.(C) 13090/2021

for issuance of 4261 e-auto rickshaws.

3.

Petitioners had sought quashing of the said advertisement

primarily on the ground that advertisements did not explicitly specify

the mode of allotment or the terms and conditions thereof.

4.

Affidavit has been filed on behalf of Govt. of NCT of Delhi

stating that the mode of allotment as is even apparent from the

advertisement is by draw of lots.

5.

Perusal of the advertisement shows that the expression used in

the advertisement is „Draw of Allotment‟.

6.

Further, Mr. Rahul Mehra, learned Senior Counsel appearing

for the respondent submits that decisions were taken on 03.09.2021

and 14.09.2021 with regard to the project and the mode and

modalities of inviting online applications as well as the allotment

much before the applications were invited by publication of

advertisements on 18.10.2021 and 24.10.2021.

7.

Petitioner which is a registered society and claims to be one of

the leading societies in Delhi acting for the interest of auto-rickshaw

drivers in the city and the present petition had been filed in the interest

of the auto-rickshaw drivers in a representative capacity.

8.

Mr. Nikhil Nayyar, learned Senior Counsel appearing for the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000542

W.P.(C) 13090/2021

petitioner submits that as there is an upper limit fixed by the Supreme

Court on the number of auto-rickshaws that can be permitted in Delhi

and approximately 95000 auto rickshaws are already plying and 4261

e-auto rickshaws are sought to be allotted by this method, the concern

of the petitioners is that the same should be allotted in a fair and

transparent manner and there should be no cartelization or misuse of

the scheme by renting out the same for commercial gain. He submits

that the scheme is to benefit individual auto owners-cum-drivers to

earn their livelihood.

9.

Mr. Rahul Mehra, learned Senior Counsel appearing for the

Government of NCT of Delhi also submits that the scheme is for the

benefit of individual auto owners-cum-drivers to earn their livelihood

and he submits that, without prejudice to the fact that the scheme is

transparent, the Government is willing to suitably modify the scheme

to make it more transparent and achieve its objective.

10.

Additional affidavit dated 10.01.2022 filed by the Respondents

lists out the decision taken on 03.09.2021 formulating a project called

“Livelihood Oriented Project”which was followed by a further

decision on the eligibility condition on 14.09.2021.

11.

The project stipulates as under:

i.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000542

W.P.(C) 13090/2021

ii.

iii.

iv.

v.

vi.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000542

W.P.(C) 13090/2021

vii.

fare meter etc.”

12.

As per the Additional Affidavit, the following