Delhi High Court Refuses To Entertain PIL Seeking Permission To Use Lead-acid Battery In E-Rickshaws

The Delhi High Court on Thursday refused to entertain a public interest litigation (PIL) seeking permission for use of traditional lead acid batteries in the e-rickshaws and e-carts plying in the national capital.

The plea, moved by an e-rickshaw driver, also sought a choice to be given to purchasers of e-rickshaws and e-carts to use either traditional acid battery or the technologically advanced lithium battery.

As the petitioner's counsel referred to an incident where a fire broke out in a factory manufacturing lithium batteries, a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad orally remarked thus:

"So one or two accidents means the entire technology is to be discarded?"

Calling the PIL a 'sponsored petition', the bench said that it was refraining from imposing any cost on the petitioner.

"Learned counsel for the petitioner after arguing at length, as it's a policy decision of the government to permit use of lithium battery in auto rickshaws, has prayed for withdrawal of writ petition. The same is dismissed as withdrawn. We are not imposing any costs," the court ordered.

At the outset, Chief Justice Sharma also told petitioner's counsel "Acid batteries…when you were young, you must be school going, you must have seen those batteries…in winters we used to put hot water in those batteries when the car did not start. They are all very dangerous batteries."

The PIL, filed through Advocate Vishal Khanna, argued that due to the use of lithium batteries, the cost of the E-Rickshaws has increased.

The plea further averred that the traditional acid battery has many advantages as it is an old technology and is relatively cheaper than lithium batteries to manufacture and buy.

"That the lead acid battery can easily tolerate abuse like any type of mishandling, like tolerant of overcharging, and has a wide range of sizes. On the other hand, it has been seen that Lithium Batteries blasts on overcharging, this can be seen in the mobile batteries wherein many cases have been seen that the organs of the person bum completely with the blast of the lithium batteries," the plea read.

Title: ATUL VADERA v. THE GOVT. OF NCT OF DELHI & ORS.

Citation: 2022 LiveLaw (Del) 995