Introduction:

In a recent ruling, the Supreme Court clarified the conditions under which E-Rickshaws would be permitted in the city of Matheran, primarily to compensate hand cart pullers for their potential loss of employment. The Division Bench of Justices B.R Gavai and Sandeep Mehta addressed an application by horsemen associations seeking modifications to a previous order that allowed the experimental use of eco-friendly E-rickshaws to replace hand-pulled rickshaws in Matheran. The court emphasized the need for a delicate balance between environmental preservation and livelihood concerns.

Arguments:

The application arose from concerns raised by horsemen associations, seeking modifications to a previous order allowing the experimental use of E-rickshaws in Matheran. The petitioners aimed to replace hand-pulled rickshaws and were represented by a committee of experts, including representatives from the Ministry of Environment and Forest, Central Pollution Control Board, and the Department of Environment. The court considered the ecological sensitivity of Matheran and expressed reservations about potential damage to its natural beauty due to the laying down of paver blocks.

Court’s Judgement:

The Supreme Court clarified that E-Rickshaws would be permitted only for present hand cart pullers to compensate them for potential loss of employment. Additionally, the court-imposed restrictions on the number of E-rickshaws allowed in Matheran. It emphasized the need for a thorough examination by a Monitoring Committee, constituted by a 2003 notification from the Ministry of Environment and Forests, to determine the feasibility of E-rickshaws. The court directed the committee to consider the use of clay paver blocks instead of concrete ones to prevent soil erosion, and also decide which roads/streets would be permitted for E-rickshaw use. The committee must submit its report within four weeks, with the matter listed for further consideration on March 13, 2024.