Municipal Corporation of Delhi's enthusiasm to decongest city traffic by capping cycle rickshaws at 99,000 received flak from the Supreme Court, which on Friday pulled up the civic body for targeting the poorest segment even as the number of motor vehicles grows unchecked.
The SC reference to the inability of the civic body to cap the number of motor vehicles in the capital came when it was hearing MCD's appeal against Delhi high court's February 10 order striking down as arbitrary its policy on rickshaws. A Bench comprising Justices G S Singhvi and A K Ganguly minced no words as senior advocate Ravishanker Prasad defended the policy.
"Is the policy capping the number of cycle rickshaws put in place just because these are pulled by the poorest section of the society who have no voice," the Bench asked, ticking off the BJP-controlled MCD for picking on the vulnerable.
Refusing to stay the HC order, the Bench went on to ask MCD to first consider capping the number of motorized vehicles on the road including auto-rickshaws and taxis, which it said were more polluting and hazardous when compared to eco-friendly cycle rickshaws.
"This administration is so insensitive that they don't want to control that segment (motor vehicles) which is the biggest hazard. They want to pick on the weakest segment," said the Bench. The court sought to know whether there existed a similar cap on other vehicles TSRs and taxis and wanted to know the mechanism to identify whether persons driving them are the real owners.
But the court did feel the need for decongesting Delhi roads witnessing frequent traffic jams during the morning and evening peak hours making commuting a torture for office-goers.
It issued notices to the Delhi government and Centre and asked them to respond in six weeks to the larger question relating to congestion on city roads. The SC also asked them to consider whether a mechanism could be evolved to check the number of vehicles plying in the city.
No amount of persuasion from Prasad could make the Bench appreciate MCD's stand. It said: "You (MCD) have chosen the weakest section of the society because they do not have a voice."
"The corporation was disgruntled with the HC order as it not only upset the MCD's grand plans to decongest capital roads but even clipped its powers to allow only owner-plied rickshaws in the capital under Rule 3(1) of Delhi Municipal Corporation Cycle Rickshaw Bylaws. This had further dented the corporation's powers to confiscate and scrap rickshaws found to operate without licence," the Bench said.
The appeal of MCD, filed through advocate Sanjiv Sen, had mentioned that the civic body wanted to crack down on rickshaws running without licence. But, it did not have an answer when the Bench asked how many licences were issued to rickshaw owners by MCD.
NGO Manushi Sangathan had moved the Delhi HC against MCD's policy and had said that an estimated 7 lakh to 8 lakh rickshaws were plying in the capital as compared to 76,090 TSRs and 30,809 taxis.
Taking note of these figures, the Bench asked Prasad, "How many taxis and autos plying in Delhi are run by their owners? You are very much concerned with traffic jams caused by cycle rickshaws knowing well that 90% of all vehicles are benami."
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