The Delhi High Court on Friday has disposed off the petition filed by the members of South-Delhi E-Rickshaw association seeking directions to allow them to pick and drop passengers at Harkesh Nagar Okhla Metro Station at par with other E-Rickshaw drivers.
According to the petitioner’s association, their grievance was basically they are not allowed to pick and drop passengers from the said metro station whereas the CISF and DMRC allowing certain other e-rickshaw drivers to pick and drop passengers. The petitioners contended that the said action of the respondents is discriminatory and violating their fundamental rights.
The single-judge bench of Justice Prathiba M. Singh denied the contention of the association claiming their rights under Article 19 (1) (g) of the Indian Constitution and seeking directions to DMRC to allow the petitioner association to enter metro station premises like other operators.
The petition was filed by Advocates Kamlesh Kumar Mishra and Abhishek Anand on behalf of South Delhi E-Rickshaw Association against the Delhi Metro Rail Corporation Ltd, Central Industrial Security Force, Government of NCT of Delhi, The Commissioner of Police and the Ministry of Housing and Urban Affairs.
The members of the petitioner association are making their living by plying e-rickshaws at different places in Delhi. The case of the petitioner association was that its members who are operating e- rickshaw to and from Harkesh Nagar Okhla Metro Station are being deprived from getting an equal number of passengers as the members of the association, specifically, are not allowed to enter the metro station premises by other operators depriving them from making their livelihood.
It has been stated that certain e-rickshaws were allowed to go inside the metro station and pick up the commuters from inside the metro station while the members of the petitioner’s organization were not allowed to go inside the metro station resulting in loss of business.
It was also stated that the respondents namely DMRC and CISF are allowing certain persons a favourable position and restraining operators of South Delhi E-Rickshaw Association. The petition also stated that it is a violation of the doctrine of public trust, Article 14 and 19 (1) (g) of the Indian Constitution.
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The petitioner association is registered under the Societies Registration Act. However, the counsel for the respondent argued that those e-rickshaw operators who are allowed in the station campus are verified by CISF to maintain public safety while the operators of the petitioner association are not verified.
The court while disposing of the petition observed that the court can not monitor such decision of DMRC as it concerns a sole station and does not affect a substantial amount of individuals. If, however, the petitioner gets opportunity to get verified, the same shall be considered.