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Can’t permit something that is not provided under law: HC on erickshaws

Delhi high court

New Delhi: Interim ban on plying of erickshaws on Delhi roads will continue with the Delhi High Court today stating it cannot permit something that is not provided under the law.

“We cannot permit something that is not provided under the law. So make the law,” a bench of justices Badar Durrez Ahmed and S Mridul said while refusing to lift the ban on running erickshaws in the interregnum between now and framing of the rules for regulating them.

It said it will see on August 14, the next date of hearing, whether any orders can be passed regarding plying of the erickshaws on city roads.

There are about two lakh erickshaws in the national capital territory of Delhi, all of them unregistered.

The bench also questioned both the Centre and Delhi government “why no compensation has been paid to the lady who lost her child in an accident with an erickshaw?”

On July 29, a woman carrying her three-year-old son was hit from behind by an erickshaw and the child had fallen from her lap into a hot oil pan at a sweet shop and died.

Additional Solicitor General Pinky Anand assured the court,”We will clear the issue of compensation today itself.”

Meanwhile, advocate R K Kapoor, appearing for Battery Rickshaw Welfare Association, pleaded before the court that livelihood of over 50,000 families is at stake and sought lifting of the ban as a “humanitarian measure”.

The bench, however, refused to do so at the moment saying “we would not have heard you if there had been no humanitarian angle and we have to balance humanitarian angle of 15 million citizens also”.

It also said, “Instead of a guillotine hanging over your head, it would be good for you if there is a law in place. You can then drive erickshaws legitimately.”

It also asked advocate Sugrive Dubey, appearing for Shanawaz Khan on whose plea erickshaws were banned, to go through the revised guidelines and see if they are possible.

“Let him examine the guidelines. We will see on next date if we can pass an order on these lines (removing ban on erickshaws till law is made) or not,” the court said.


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