AIR 1987 SUPREME COURT 648 ::1987 (1) MCC 19 ::1987 MCC 1 19 ::1987 (1) UJ (SC) 496 ::(1987) 31 DLT 117 ::1987 (1) SCC 371 ::(1987) 1 SCJ 114 ::(1987) 1 LandLR 297 ::(1986) 4 Supreme 461 ::1986 4 Supreme 461 ::(1987) 1 JT 66 ::(1987) 1 JT 66 (SC)

Supreme Court Of India

Hon'ble Judge(s): E. S. Venkataramiah, Sabyasachi Mukharji , JJ

Delhi Municipal Corporation Act (66 of 1957) , S.481(1)— Delhi Cycle-Rickshaw Bye-laws (1960) , Bye-law No.3(1)— Validity - Bye-law No. 3(1) is neither ultra vires S. 481 @page-SC649nor contravenes Art. 19(1)(g) - Cycle-Rickshaw licence - Issue of, only to rickshaw owners who act as rickshaw pullers - Restriction is in interest of general public. Constitution of India , Art.19(1)(g), Art.21, Art.14— The Bye-law No. 3(1) of the (Delhi) Cycle-Rickshaw Bye-laws (1960) imposing condition that only the 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 and thus by necessary implication excluding persons who own a number of cycle rickshaws from applying for licences and prohibiting the hiring out of the cycle rickshaw by the owner in favour of a rickshaw puller against payment of consideration, falls within the scope of the power conferred on the Corporation under S. 481(1) of the Delhi Municipal Corporation Act to frame bye-laws for the issue of licences in respect of cycle-rickshaws which are kept or used for plying in the Delhi Municipal Corporation area. While framing bye-laws under S. 481(1) it is permissible for the Corporation to restrict the issue of licences only to the owners of the rickshaws who themselves act as rickshaw pullers. This is appar....