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Supreme Court Directs Maharashtra to Reassess Matheran E-Rickshaw Allocation, Dismisses Objections to Judge's Report

21 Feb 2025 8:49 AM - By Shivam Y.

Supreme Court Directs Maharashtra to Reassess Matheran E-Rickshaw Allocation, Dismisses Objections to Judge's Report

The Supreme Court has granted the Maharashtra government two weeks to reassess the allocation process of 20 e-rickshaw licenses in Matheran.

A bench comprising Justices B.R. Gavai and A.G. Masih heard the case concerning issues related to the pilot e-rickshaw project in Matheran. During the hearing, the Maharashtra government's lawyer suggested that the process should be reconsidered. In response, Justice Gavai ordered:

"The state government is granted two weeks to reassess the e-rickshaw allocation process."

During the proceedings, the court also directed that Senior Advocate K. Parameshwar (amicus curiae) and two other lawyers be paid ₹10 lakh and ₹5 lakh, respectively, for their assistance in the case.

Court’s Response to Arguments

During the hearing, Senior Advocate Devdatt Kamat (representing hand-pulled rickshaw pullers) argued that the report submitted by the Principal District Judge of Raigad was flawed and failed to assess the matter correctly. He requested a reassessment of the report.

However, the Supreme Court rejected this argument, stating:

"We cannot accept this argument from Mr. Kamat, as the report has been prepared by a responsible and senior judicial officer."

Justice Gavai further told Kamat:

"I know the officer personally, so do not make such allegations."

Even the Maharashtra government’s lawyer admitted that the District Judge’s report might not be entirely accurate. In response, Justice Gavai firmly stated:

"Do not say that! Your officials may be under pressure, but our judiciary is not."

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Case Background

The dispute originated from a petition filed by three horse-cart drivers’ unions, requesting the Supreme Court to modify its previous order allowing eco-friendly e-rickshaws in Matheran.

The court had earlier clarified that e-rickshaws would only be allocated to those who were previously pulling handcarts to compensate for their loss of livelihood. Additionally, the court had limited the number of e-rickshaws in Matheran to just 20.

In April 2024, the court directed the Maharashtra government to submit an affidavit detailing the allocation of e-rickshaw licenses and identifying the original handcart pullers.

However, in July 2024, a controversy emerged over whether the licenses were genuinely awarded to handcart pullers. While the government claimed that the allocation was fair, the horse-cart drivers’ unions alleged that most licenses were given to hotel owners and unrelated individuals. This prompted the court to instruct the Principal District Judge of Raigad to investigate and submit a report.

In November 2024, Amicus Curiae Parameshwar referred to the judge’s report and informed the court that the Maharashtra government had "mocked" the court’s order. He claimed that only 4 out of the 20 licenses were granted to actual handcart pullers, while the rest were given to journalists, municipal employees, and hotel managers.

Expressing displeasure over the government’s conduct, the court had asked the state to respond to the judge’s report.

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Environmental Concerns

This case is part of the "T.N. Godavarman Thirumulpad vs. Union of India" petition, which involves various environmental issues under Supreme Court supervision.

The Supreme Court initiated hearings in 1996 concerning the protection of Nilgiri forests. Over the years, the case has addressed deforestation, mining, and biodiversity conservation.

In 2002, the court established a Central Empowered Committee (CEC) to monitor the implementation of its environmental orders.

In May 2022, the Supreme Court allowed Maharashtra to operate a limited number of e-rickshaws in Matheran’s Eco-Sensitive Zone (ESZ) on a trial basis to evaluate their feasibility as a replacement for hand-pulled rickshaws.

Later, horse-cart unions sought modifications to this order, raising concerns about paving roads with paver blocks alongside introducing e-rickshaws.

In February 2023, the Supreme Court prohibited the installation of concrete paver blocks in Matheran ESZ until the monitoring committee, established under the Ministry of Environment and Forests' 2003 notification, submitted its report.

By January 2024, the court reaffirmed that e-rickshaws should only be operated by former handcart pullers to safeguard their livelihoods.

In April 2024, the court restricted the number of e-rickshaws to 20 and allowed them to be used for transporting tourists and locals.

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