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    HC to pronounce order on plying of erickshaws on September 9

    Published on August 30, 2014

    The Delhi High Court on Saturday fixed September 9 to pass its order on whether to rikshawpermit plying of erickshaws in the national capital till rules are framed to regulate them under the Motor Vehicles Act.

    “List for order on next to next Tuesday (September 9),” a bench of justices Badar Durrez Ahmed and Siddharth Mridul said.

    The court fixed the matter for order after the counsel for all the concerned parties including the Centre, Battery Rickshaw Welfare Association and petitioner Shanawaz Khan, on whose plea plying of erickshaws was banned, concluded their arguments.

    While seeking a direction to vacate the court’s July 31 order, Additional Solicitor General (ASG) Pinky Anand, for the Ministry of Road Transport and Highways, told the court that they have submitted the draft rules before the Law Ministry.

    ASG Anand, along with advocates Balendu Shekhar and S N Parashar, sought that erickshwas be allowed to ply till October 15, saying by that time they will be able to bring an amendment in the rules.

    The Centre also placed before the court its proposal of the directions it is seeking from the court to allow plying of erickshaws on city roads.

    “The central government is in the process of formulating rules for erickshaws. The current rules did not contemplate covering erickshaws”.

    “Therefore, till such time as appropriate rules are framed, in the interests of justice and fundamental right to life and liberty of the erickshaws pullers, the operation of the erickshaws be allowed,” ASG Anand said.

    “Issue an identity Card-Cum-Temporary permission to drive erickshaws in National Capital Territory of Delhi (valid till October 15),” the Centre’s proposal states.

    However, the petitioner, social activist Shanawaz Khan’s counsel Sugrive Dubey said “no person without valid licence be allowed to ply erickshaws”.

    In three months, around two hundred accident cases, including two fatalities, have been registered, advocate Dubey said, adding that they should not be allowed to ply as they are “high risk vehicles”.

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