ORDER
Manmohan Sarin, J.
CM.7586/2000
1. This is an application for intervention moved by Delhi State Cycle Rickshaw Operators Association (Regd.), seeking permission to intervene in the above write petition. Learned counsel for the respondents have no objection to the same.
2. Application is allowed and stands disposed of.
CW.No.1148/98
Rule.
With the consent of the parties writ petition is taken up for disposal.
1. Rajdhani Cycle Rickshaw Operators Union and Delhi Cycle Rickshaw chalak/Malik Sangharsh Association (Regd.) are the petitioner in this writ petition. Petitioners seek a writ of mandamus directing the respondents to identify 900 cycle rickshaw stands/halting points, prior to issuance of license of licenses over and above the earlier limit of 50,000. Petitioners have also sought to assail the direction of MCD, confining the license for a rickshaw to only one owner. Learned counsel for the petitioner, however, do not press the letter prayer and has confined the relief to identification and demarcation of 900 cycle rickshaw stand/halting points.
2. I have heard Mr.B.B.Sawhney, learned counsel for the petitioner, Mr.Shiv Kumar, counsel for the respondent/MCD and Mr.V.K.Shali,counsel for the Deputy Commissioner of Police (Traffic).
3. The question regarding grant of licenses to cycle rickshaw pullers as well as their halting points came up for consideration initially before the Supreme Court in 1982 in W.P.(Civil) No.6404/82. The said petition was disposed of vide judgment of the Supreme Court in All Delhi Rickshaw Union & Ors. Vs.Municipal Corporation of Delhi & Ors . It is not necessary for the purposes of this writ petition to recapitulate the directions given by the Supreme Court from time. It is sufficient to notice that petitioners’ grievance is that when there were 20,000 cycle rickshaw licenses granted,MCD and Delhi Traffic Police in an affidavit before the Supreme Court had agreed for 233 stands/halting points. Respondents have placed on record details of 219 stand/halting points. For theses sites, MCD and Delhi Traffic Police have no objection.
4. Learned counsel for the petitioner very fervently argued that as of now there are 99,000 licensed cycle rickshaws in Delhi and to accommodate the same, 219 stands/halting points were woefully inadequate. It has to be recognised that if initially for 20,000 cycle rickshaws, respondents were willing to identify 233 halting points, 219 halting now identified for 99,000 cycle rickshaws would be totally indequate.
5. This situation demands that the respondents evolve a well considered policy, providing for assessment of the requirement of rickshaws, issuance of licenses therefore and corresponding provision for rickshaw stands/halting points. A co-ordinated approach on the subject between MCD and Delhi Traffic Police would also result in the Corporation assessing the need and determining the total number of licenses that ought to be issued in consonance with number of stands/halting sites that can be made available to accommodate them so as to ensure free-flow of traffic to avoid other malpractices.
6. After hearing counsel for the parties, I direct that a Committee comprising the Deputy Commissioner of Police (Traffic) and Additional Commissioner (Head Quarter) MCD be constituted to consider the question of identification of additional rickshaw stand/halting points. Petitioner shall, within four weeks from today, submit their detail representation to the Committee, who would grant them a hearing and then go about the task of determining the adequate number of rickshaw stand/halting points and identifying the same. The Committee will pass a reasoned order disposing of the representation of the petitioners within four months from today after hearing the petitioners. Learned counsel for the petitioner submits that these 219 halting sites be properly identified in terms of sign board being installed, identifying the exact location. Learned counsel for the respondent submits that the same shall be done.
7. The writ petition stands disposed of in the above terms.