Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Municipal Corporation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Delhi Municipal Corporation Act, 1957 (66 of 1957) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Delhi Municipal Corporation Act, 1957, section 481(J)(L)(5), scope of-Power to make bye law regulating the keeping or plying for hire a cycle rickshaw in Delhi-Whether, the Bye-law 3(1) of the Cycle Rickshaw Bye-laws, 1960 restricting the number of licence to only one and the grant only to the owner of a cycle rickshaw either to keep or to ply for hire, is within the scope of the power conferred on the authority-Whether the said bye-law is opposed to Article 19(J)(g) of the Constitution.Section 481(1) of the Delhi Municipal Corporation Act, 1957 empowers the Corporation to make additional bye-laws to the existing ones. Under the power so conferred the Corporation introduced Bye-law No.3(i) in the Cycle -Rickshaw Bye-laws, 1960, under which only an owner of the cycle rickshaw can obtain a licence to keep a cycle rickshaw or to ply for hire and only one such licence would be issued to a person. By necessary implication it excludes persons who own a number of cycle rickshaws from applying for licences and prohibits the hiring out of the cycle rickshaw by the owner in favour of a rickshaw puller against payment of consideration. The Writ Petitioners are owners of cycle rickshaws. Some of them own two or more cycle rickshaws which are hired out by them to rickshaw pullers under a contract under which the rickshaw pullers have to pay some amount to the owners of the cycle rickshaws at the end of the day out of their earnings during the day. Being aggrieved by the introduction of Bye-law No. 3 (i), they have moved the Supreme Court under Article 32 of the Constitution that the said Bye-law is opposed to Article 19( 1 )(g) of the Constitution and also outside the scope of section 481(1)L(5) of the Delhi Municipal Corporation Act, 1957. |
Judge | Honble Mr. Justice E.S. Venkataramiah |
Neutral Citation | 1987 INSC 1 |
Petitioner | All Delhi Cycle Rickshaw Operators Union Etc. |
Respondent | Municipal Corporation Of Delhi & Ors. Etc. |
SCR | [1987] 1 S.C.R. 905 |
Judgement Date | 1987-01-06 |
Case Number | 13688 |
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