Supreme Court Rejects Plea By Bajaj Auto To Raise Cap On Auto Rickshaws In Delhi

The Supreme Court today dismissed plea filed by Bajaj Auto seeking a raise in the upper limit on number of auto-rickshaws allowed in Delhi.

A bench of Justice Abhay Oka and Justice Augustine George Masih observed that the cap was imposed for the protection of environment, and a wrong signal would be sent if the court entertains such a plea by an auto manufacturer interested in increasing its business.

“At the instance of manufacturer of auto rickshaw, the application cannot be entertained. If this court starts entertaining applications of the manufacturers of vehicles for relaxing the norms which were imposed for protecting the environment, it would send wrong signals”, the court stated.

The court clarified that it will entertain a plea for raising of the cap if the government or any authority or organization working for the interest of the common man of Delhi approaches the court.

“The application must come from either the Delhi government or somebody who represents the interests of common man”, the court stated.

The Supreme Court in 1997 had directed the Delhi government to freeze the number of auto rickshaw permits in Delhi in the case of MC Mehta v. Union of India. The cap was enhanced to 1 lakh autos in 2011. Thereafter, no modification has been made.

The counsel appearing for Bajaj submitted that the freeze was meant for two sear autos having twin-stroke engines which is outdated technology. However, but currently all the autos have become CNG-based which is a clean technology.

Amicus Curiae Aparajita Singh submitted that while she is not opposing the plea, the latest report of Environment Pollution (Prevention & Control) Authority (EPCA) in this regard is five years old. She suggested that the matter should be referred to the Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM) for a fresh report.

In 2019, EPCA had recommended the removal of the cap stating that lack of adequate public transport system, including first and last-mile connectivity led to increase of private ownership of vehicles, causing more pollution and congestion.

However, the bench refused to interfere at the behest of an industry entity with business interests.

“Application has to come from authorities. If authorities find that public transport in Delhi is inadequate, then we will see. Let the state government come out with the application that, considering the interest of commuters in the city...”, Justice Oka said.

Case no. – WP (C) No. 013029/1985

Case Title – Interlocutory Application in MC Mehta v. Union of India

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