"Why Corporator's Wife Given 2 Licenses?" : Supreme Court Questions Maharashtra Govt On Matheran E-Rickshaw Licenses

Dealing with issues arising out of a pilot e-rickshaw project in the pedestrian hill-town of Matheran (Maharashtra), the Supreme Court recently expressed displeasure with the state authorities for allegedly granting licenses to persons other than the original handcart pullers (as suggested in earlier orders to compensate them for their loss).

A bench of Justices BR Gavai and KV Viswanathan was considering the application filed by three representative associations of horsemen, or ghodawala sangathans, seeking modification of an earlier order that permitted implementation of eco-friendly e-rickshaws in Matheran, on an experimental basis, to check their feasibility to replace hand-pulled rickshaws plying in the area.

To recap, the Court had earlier clarified that e-rickshaws could only be provided to present-day handcart pullers, in order to compensate them for their loss of employment and restricted the number of e-rickshaws in the city to 20. In April this year, it called for an affidavit from the state of Maharashtra, as to who were earlier handcart pullers and to whom the license to ply e-rickshaws were given, as well as the details of persons who purchased e-rickshaws.

In July, a dispute arose as to who were allotted the e-rickshaws/licenses. While the state claimed that the allotment was made in favor of original handcart pullers, the applicants (associations of horsemen) alleged that allotments were made to hotel owners, etc. Considering, the Court asked the Principal District Judge, Raigad to call an enquiry and submit a report.

During the latest hearing, Senior Advocate K Parmeswar (acting as Amicus Curiae), relying on the report of the Principal District Judge, claimed that the state government made a "mockery" of the Court's order. "Out of 20 licenses, journalists, Nagar Palika employees, hotel managers, given licenses...out of 20, only 4 were given to handcart pullers...a lucky draw is held...a Nagar Palika member's wife gets 2...she draws 2 lucky draws from the same lucky draw", he said.

When one of the counsels mentioned the role of police personnel, the bench questioned, "what does the policy have to do with this? How does the police department come in?"

Justice Viswanathan queried from Parmeswar as to who is operating e-rickshaws at this point, in furtherance of the allotment of licenses. The senior counsel replied that managers, etc. who have been given licenses are operating the same.

When he further mentioned that a Corporator's wife got 2 licenses and was operating them, a displeased Justice Gavai commented, "why a Corporator's wife was given 2 licenses?". The judge even expressed inclination to call the Collector to the Court on the next date.

Eventually, counsel for Maharashtra sought and was granted 1 week's time to respond to the report of the Principal District Judge. However, before parting, Justice Gavai sharply conveyed to him, "don't make a mockery [of our order]".

Background

The interlocutory application was filed in the TN Godavarman Thirumulpad case, an omnibus forest protection matter in which the top court issued the longest-standing continuing mandamus in the field of environmental litigation. Since 1996, when the writ jurisdiction of the court was invoked by a plea to protect the Nilgiris forest, numerous orders have been passed on a vast array of issues, such as deforestation, logging, mining, compensatory afforestation, and endangered species.

In 2002, a Central Empowered Committee (CEC) was constituted for monitoring the implementation of the court's orders and bringing to its attention incidents of non-compliance.

On 12 May, 2022, the Court permitted State of Maharashtra to implement its proposal to introduce a few eco-friendly e-rickshaw in Matheran Eco-sensitive Zone, on an experimental basis, to check its feasibility to replace the hand-pulled rickshaws plying in the area.

Subsequently, applications were filed by three representative associations of the horsemen, or ghodawala sangathans, seeking modification of the permission to operate eco-friendly e-rickshaws in the Matheran ESZ. The two main issues raised as a result were: permitting e-rickshaws in Matheran; and (ii) laying down of paver blocks etc. on the roads in Matheran.

In February, 2023, the Court stayed laying of concrete paver blocks in Matheran ESZ, until the Monitoring Committee (constituted by virtue of a 2003 notification by the Ministry of Environment and Forests) took a call on the issue and submitted a report. In November, the State was permitted to continue the e-rickshaw pilot project in Matheran, until further orders.

In January, 2024, the Court clarified that e-rickshaws, if permitted, in the city of Matheran would be only for present handcart pullers, so as to compensate them on account of their loss of employment.

In April, the Court allowed the number of e-rickshaws in Matheran to be restricted to 20 and permitted e-rickshaw owners, who were earlier handcart pullers, to use the same for transporting tourists and local population.

Case Title: In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. | Writ Petition (Civil) No. 202 of 1995