High CourtDivision Bench1980-08-05Disposal of the applications with directions to...

NANHU & ORS. ETC. v. DELHI ADMINISTRATION & ORS.

Case / Petition Number:Writ Petition Nos. 841/80 and 728/80

Case Details & Bench

Court: High Court
Hon'ble Judges: V. R. Krishna Iyer
R. S. Pathak
O. Chinnappa Reddy
Judgment Date: 1980-08-05
Court Decision / Holding: The Court directed the Delhi Administration to publicize and notify licences for plying cycle rickshaws, consider applicants on merits (including length of service) with reasonable, relevant criteria, and direct municipal authorities to grant licences accordingly. If chosen applicants are not owners, the facilities outlined in the Amritsar order should be extended to them with reasonable time limits. The judgment annexes the Amritsar decision and extends its scheme to Delhi. Until fresh licences are issued, the present petitioners will be allowed to ply their cycle rickshaws.
Final Disposition: Disposal of the applications with directions to implement a merit-based licensing scheme for cycle rickshaws, extend the Amritsar scheme to Delhi, publicize licence applications, apply reasonable criteria, and allow petitioners to ply until licences are issued.

Parties to the Case

Appellants / Petitioners

NANHU and Others

Respondents

Delhi Administration and Others

Legal Representation & Advocates

Counsels for Petitioners

• R. S. Sharma
• S. M. Ashri

Counsels for Respondents

• K. Parasaran (Solicitor General)
• B. Maheshwari
• Suresh Seth

Case Synopsis & Summary

This Supreme Court judgment deals with a challenge to the Delhi cycle-rickshaw licensing regime under the Cycle Rickshaw Bye-Law 1960 (as amended in 1976) which barred any person from plying a cycle rickshaw unless he was the owner and held a licence. The Court recalls a similar Amritsar scheme from Azad Rickshaw Pullers Union, Amritsar v. State of Punjab and Others, which sought to convert rickshaw pliers into owners and provides a model for expansion. The decision handles two writ petitions challenging the Delhi bye-law and contemplates publicizing licences, evaluating applicants on merits (including length of service), and applying reasonable, relevant criteria. It emphasizes that arbitrary ceilings on licences would be vulnerable to challenge. The Court directs the Delhi Administration to implement a merit-based licensing framework and, where the chosen licensees are not owners, extend the Amritsar-style facilities to them with reasonable time limits. It also annexes the Amritsar judgments to guide the Delhi authorities and allows petitioners to continue plying their rickshaws until fresh licences are issued, thereby balancing reform with existing livelihoods.

Provisions of Law Cited

Delhi Municipal Corporation Act, 1957, Section 481Cycle Rickshaw Bye-Law 1960, Bye-law 3(1)Constitution of India, Article 32Constitution of India, Article 226

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenged the Bye-Law provision that a cycle rickshaw must be owned by the licensee and that only owners may ply for hire, arguing it imposed an undue, arbitrary restriction and impeded livelihood for long-standing rickshaw pliers. They urged adoption of a merit-based licensing system, considering length of service and need, and sought extension of the Amritsar scheme (which favored owner conversion) to Delhi with reasonable time frames and safeguards against arbitrary ceilings.

Contentions of Respondents

The respondents, led by the Solicitor General for the Delhi Administration, supported a reformist licensing approach, advocating a scheme (as in Amritsar) to help rickshaw pliers become owners and to extend this model to Delhi. They emphasized publicizing licences, evaluating applicants on reasonable criteria, and ensuring the licensing process is fair, while acknowledging the possible ceiling on licences if not reasonably restrained.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Azad Rickshaw Pullers Union Amritsar & Others v. State of Punjab & Others	[1981] 1 SCR 366	Positive	The Amritsar judgment is cited as a model to provide ownership-based licensing and is explicitly annexed to guide Delhi’s licensing approach.
Nanak Chand and Others v. State of Punjab and Others	—	Mentioned Only	Annexed to the judgment to provide context for similar schemes; not treated as a binding precedent in the decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

·' NANHU & ORS. ETC. _v._ DELHI ADMINISTRATION & ORS. ' _August_ 5, 1980 I 373 (V. R. KRISHNA IYER, R. S. PATHAK AND 0. CIDNNAPPA REDDY, JJ.) _Cycle-Rickshaw Bye-Law_ _1960-Bye-Law_ 3(1) _Cycle Rickshaw Drivers--_ _<Court_ _Framing Scheme._ The Delhi Municipal Corporation which framed the Cycle Rickshaw Bye!Law of 1960 under section 481 of the Delhi Municipal Corporation Act, 1957 ·amended Bye-law 3 in 1976 to provide that 'no person shall keep or ply for hire a cycle rickshaw in Delhi unless he himself is the owner thereof and holds a licence granted in that behalf'. In writ petitions challenging the provision : HELD: . In _Azad_ _Rickshaw Pullers Union Amritsar_ _&_ _Others_ v. _State_ _of_ _Punjab_ _&_ _Others,_ [1981] 1 SCR 366 a scheme had been worked out to help the rickshaw ·pliers of Amritsar Municipality to become owners of cycle rickshaws. [174 A-Bl 2. The Delhi Administration will effectively publicize and notify applications for licences for plying of cycle rickshaws and all those who apply will be considered. on their merits including length of service as cycle rickshaw pliers. The _-'(_ criteria that the Delhi Administration will adopt must be reasonable and relevant. '[374 D] 3. On the basis of reasonable criteria the Delhi Administration will direct the concerned Municipal authorities to grant licences for plying rickshaws and if the applicants so chosen are not owners themselves all the facilities indic2ted in the Amritsar order will be extended to such cycle rickshaw pliers fixing ·reasonable time limits. [374 F] ORIGINAL JURISDICTION : Writ Petition Nos. 841 and 728/1980. (Under Article 32 of the Constitution.) _R._ S. _Sharma_ and S. _M. Ashri_ for the Petitioner in WP Nos .. 841 and 728/80. - ' ~ _K. Parasaran,_ Sol. Genl. _B._ _"f>._ _Maheshwari_ and _Suresh Seth_ for the 'RR in WP Nos. 841 and 728. Th~ Judgment of the Court was delivered by A B # c D E F G KRISHNA IYER, J.-We have disposed of today applications from -cycle rickshaw pliers of Amritsar Municipality where a scheme has H 'been worked out to help them become owners of cycle rickshaws. A A B # c - _J_ D .1 E F ':! ., . .374 SUPREME COURT REPORTS llCJ~ll 1 S.C.R. similar scheme, says the Solicitor-General appearing for the Delhi Admi [0] nistration, will be extended to the Delhi territory. We, therefore, annex a copy of the judgment in Writ Petitions Nos. 839 of 1979 and 563 _of'1979-Azad Rickshaw_ ~ullers _Union, Amritsar and others_ v. _State_ _of Punjab_ _&_ _Others and Nanak Chand_ _and_ _Others_ v. _State_ _of_ _Punjab and Others,_ respectively to this judgment. There is another problemiwhich arises in these two cases and that is. that the Delhi Administration has put a ceiling on the total number of cycle rickshaws permissible to be plied within its territory perhaps- ' we do not know for certain-this number may ~ot accommodate all the applicants for cycle rickshaws applying licencees. We are told that apart from the applicants in this Court under Article 32 of the Constitution, there are numerous petitioners who have approached the High Court of Delhi under Article 226 of the Constitution and yet others who have filed suits in civil courts -for the same relief. All that we can do is to accept the suggestion made by the learned Soli. citor-General that the Delhi Administration will effectively publicize and notify applications for Iicencees for plying of cycle rickshaws and'. all those who. apply will be considered' on their merits including length of service as cycle .rickshaw pliers. The criteria that the Delhi Admi nistration will. adopt must be reasonable and relevant; otherwise it will be open to the aggrieved parties to challenge the selection. Like wise we do not want to fetter the rights of parties aggrieved if the· ceiling upon the total number of rickshaws permissible within the Delhi territory ·is arbitrary. On the basis of reasonable criteria the Delhi Administration will direct the concerned Municipal authorities to grant licences for plying rickshaws and if the· applicants so chosen are not owners themselves all the facilities we have indicatecl in the Amritsar order will be· extended to such cycle rickshaw pliers fixing reasonable time limits. With these directions we dispose of the applications. Until fresh licences are issued by the Delhi Administration and the fV!unicipal authorities. the present petitioners will be allowed to ply their cycle rickshaws. N.V.K.