E-Rickshaws To Be Provided In Matheran Only For Present Hand Cart Pullers: Supreme Court

The Court further clarified that there should also be a restriction on the number of E-rickshaws permitted in Matheran.

The Division Bench of Justices B.R Gavai and Sandeep Mehta was hearing an application filed by three representative associations of the horsemen, or ghodawala sangathans, seeking a modification of an earlier order that permitted the implementation of eco-friendly e-rickshaw in Matheran, on an experimental basis, to check its feasibility to replace the hand-pulled rickshaws plying in the area.

The Court, in its previous order, took into consideration the issue of the man-pulling rickshaws. The Court observed that the committee consisting of various experts, including the representatives of the Ministry of Environment and Forest, Central Pollution Control Board, Department of Environment, etc., will take a call on this issue. Pertinently, the said committee was constituted by virtue of a 2003 notification by the Ministry of Environment and Forests. 

The Court also noted that Matheran has been notified that the Eco-Sensitive Zone has to be preserved. Prima facie, the Court found that the laying down of paver blocks would destroy the natural beauty of this city.

“It cannot be in dispute that even prior to laying down of paver blocks the manpulled rickshaws were plying on the roads in the said city. If that be so, there should be no difficulty in the E-Rickshaws plying on the same roads, which are in existence for ages. Even in the reserved forests there are no concrete roads and the safari vehicles are plying on the jungle roads. The same can also be considered for the city of Matheran.,” the Court added before directing the Monitoring Committee to take a call on this.

During the instant hearing, the Court was informed that the Monitoring Committee, in consultation with IIT Bombay, is considering the proposal to use clay paver blocks instead of concrete paver blocks. This was particularly because it is necessary to use clay paver blocks to prevent soil erosion.

After perusing the submissions, the Court passed a few other directions apart from making the aforementioned findings. The Court directed the Monitoring Committee also to consider which roads/streets would be permitted to be used by the E-rickshaws. Further, the committee has to determine the number of e-rickshaws to be piled in the concerned city.

With respect to these issues, the committee has been asked to provide the report within four weeks. The matter will be listed on March 13, 2024.

Interestingly, the main matter to which the present application is tagged is a landmark case. This case was filed in 1995 by T.N. Godavarman Thirumulpad, also known as “the green man,” for his litigation efforts for conservation. He filed this writ petition to protect the Nilgiris forest land from deforestation by illegal timber operations. The Court issued detailed directions for the sustainable use of forests and created its own monitoring and implementation system through regional and state-level communities.

Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD vs. UNION OF INDIA AND ORS., Diary No.- 2997 – 1995

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