Rickshaw pullers of Delhi capital have a reason to rejoice as the Supreme Court on Friday refused to curb the number of cycle rickshaws plying on roads of the national capital.
The apex court declined to stay the ruling of the Delhi High Court that rickhshaws can ply on the roads of the city without any curb on their numbers.
It said the restriction on number of rickshaws could be applicable if the policy was made for other types of vehicles also.
"Do you have a policy to regulate other vehicles in Delhi? If you have a cap on other types of vehicles, then we will allow you to put a cap on the rickshaws," a Bench comprising Justices G S Singhvi and A K Ganguly said.
The Bench dismissed the petition of Municipal Corporation of Delhi challenging the February 10 verdict of the High Court which had said the fundamental right of rickshaw pullers to earn livelihood cannot be violated.
The apex court said there is no reason to interfere with the ruling of the three judge bench of the High Court which had quashed MCD's decision not to allow more than 99,000 ricksaws to ply on the roads.
"The right of an individual or citizen to ply cycle rickshaw or other forms of transport falls within the legitimate exercise of his freedom guaranteed under the Fundamental Rights of the Constitution," the High Court had said.
The High Court had held as arbitrary the limit of 99,000 licenses which can be issued by MCD. It had said there is no objective material which can "remotely justify" imposition of a cap.