Ban on Cycle Rickshaw in Chandni Chowk challenged in Supreme Court

Posted: 11 Jul 2007

Related to: Cycle Rickshaw Advocacy in Delhi, Two and Three Wheelers, India
Contributed by: Nalin Sinha, ITDP India

The Supreme Court of India issued notices to the Delhi Government, the Municipal Corporation of Delhi, the Commissioner of Police, Delhi and the Government of India while hearing a Special Leave Petition challenging the ban on the plying of cycle rickshaws in Chandni Chowk and other arterial roads of Delhi.

A bench comprising the Chief Justice K. G. Balakrishnan and Justice R. V. Raveendran passed this order on a petition filed by Initiative for Transportation & Development Programmes (ITDP India).

Over the course of last year, the Delhi High Court had passed several orders, while hearing a PIL, directing the concerned authorities to ensure that the plying of cycle rickshaws be banned in the Chandni Chowk area as also all the arterial roads of Delhi. After such orders were passed, ITDP India had intervened in the matter and urged the High Court to withdraw its orders relating to the banning of cycle rickshaws.

The High Court turned down the prayer of ITDP India and this judgment of the High Court was challenged before the Apex Court.

It was contended on behalf of ITDP India that the orders passed by the High Court and given effect to by the state authorities were contrary to both the National Urban Transport Policy as also the Master Plan of Delhi. Both lay much emphasis on non motorised transport like cycle rickshaws, especially in areas like Chandni Chowk. It was further contended that if rickshaws were to be banned, they would have to be replaced by motorized transport.

For this, the city would have to pay a heavy price as not only would it directly lead to increased pollution but also put be not viable economically on account of increased fuel consumption.

Another significant contention put forward by the petitioner was that lakhs of cycle rickshaws were plying in the city and banning them would cause huge social problems as lakhs of people would be rendered jobless.

It was also contended by the ITDP India that traffic management was a highly technical subject and the High Court could not have passed such orders having grave implications. It was pointed out that these decisions could be taken only by the government and that too after much deliberation on all relevant aspects in consultation with technical experts.