Full Judgment Text
REPORTABLE
2025 INSC 996
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
I.A. NOS. 79569, 79576, 159670 AND 159677 OF 2019,
I.A. NOS.14261 AND 14262 OF 2021, I.A. NOS. 40599,
40624 AND 220675 OF 2023, I.A. NOS.111336 AND
137276 OF 2025
IN
WRIT PETITION (C) NO. 202 OF 1995
IN RE: T.N. GODAVARMAN THIRUMULPAD
…PETITIONERS
VERSUS
UNION OF INDIA AND OTHERS …RESPONDENTS
J U D G M E N T
B.R. GAVAI, CJI
1. The present applications pertain to various issues with
regard to one of the smallest but one of the most popular hill
stations in the State of Maharashtra situated in Raigad
Signature Not Verified
District, namely Matheran. It is situated in the biologically rich
Digitally signed by
NARENDRA PRASAD
Date: 2025.08.18
18:43:02 IST
Reason:
Western Ghats, and is now recognized as an eco-sensitive
1
region. It is also a home to several species of flora and fauna,
including the bonnet macaque, Hanuman langur, Malabar giant
squirrel, barking deer, and various endemic orchids, etc.
2.
Matheran has a permanent population of approximately
about 4,400 persons, as per the 2011 Census. However, apart
from the permanent population, the region also sees the inflow
of large number of tourists throughout the year and specially
during summer. However, lately, the monsoon tourism has also
become quite popular in Matheran, when the tourists go to enjoy
the monsoon of Matheran. The approximate foot fall of the
tourists is around 8 lakhs in a year.
3. Matheran has been known for its uniqueness, inasmuch
as it is recognized as the only pedestrian hill station.
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4. On 21 November 2000, the Government of Maharashtra
communicated its in-principle approval to the Government of
India to declare Matheran as an Eco Sensitive Zone (ESZ). On
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12 July 2001, this Court had issued directions in I.A. Nos.669
and 659 in the present proceedings, that in the interim,
Matheran should be recognized as an ESZ. This Court also
expressly restricted all vehicular traffic in the region, except for
an ambulance and a fire engine.
2
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5. A draft notification was published on 6 February 2002,
and the Final Notification was issued by the Ministry of
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Environment and Forest (MoEF) on 4 February 2003. Para 4(n)
of the said notification restricted the movement of vehicular
traffic within the municipal limits of Matheran, except for an
ambulance and fire engine and the use of a tractor for
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transportation of solid waste. By a subsequent order dated 21
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July 2003, this Court issued a clarification to its order of 12
July 2001, to the extent that only one ambulance and one fire
engine should be allowed in addition to one each as standby in
Matheran. In pursuance to the orders passed by this Court, a
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Notification dated 16 January 2004 came to be issued.
6. It appears that subsequently taking into consideration the
changed circumstances, the Government of Maharashtra
proposed to lay paver blocks on the road between the Dasturi
Naka to Shivaji Maharaj Statue, which is approximately 4 kms.,
and is a lifeline for the town of Matheran. One of the reasons for
laying the paver blocks was to arrest the soil erosion, inasmuch
as it was found that on account of heavy rains, there was a
possibility of the erosion of soil.
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7. There is another issue with regard to the permission to
operate battery operated e-rickshaws to replace the practice of
hand pulled carts/rickshaws. The Matheran Municipal Council
has, accordingly, made an application to this Court to stop the
practice of hand pulled carts/rickshaws being plyed on the road.
8. Pursuant to the application made by the Municipal
council, the District Collector, Konkan Division opined that the
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ESZ notification of 4 February 2003 should be amended to
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allow battery operated e-rickshaws in Matheran. On 25
September 2017, the District Collector, Raigad, wrote to the
Principal Secretary, Department of Environment, Mumbai
justifying the use of e-rickshaws for the benefit of the population
of Matheran. He also recommended an amendment to the
Matheran Rules, 1959 and ESZ Notification.
9. In this background, the matter is pending before last
couple of years on the issue whether the paver blocks should be
permitted to be laid on the road between Dasturi Naka to Shivaji
Maharaj Statue and as to whether hand pulled carts/rickshaws
be replaced with e-rickshaws. In the meantime, an issue as to
whom the e-rickshaws have to be allotted also arose.
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10. On account of various disputes, this Court vide an order
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dated 24 July 2024 had requested the Principal District and
Sessions Judge, Raigad to conduct an inquiry and to examine
the process of allotting e-rickshaws. In the inquiry certain issues
were noticed that the genuine rickshaw pullers were not being
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allotted the e-rickshaws. This Court, therefore, on 20 February
2025 directed the State Government to file a proposal for
revising the process of allotment of e-rickshaws, considering the
disputed position. The State, therefore, proposed a six stage
procedure as under:-
(i) Calling for applications from hand cart pullers
through a public notice,
(ii) Calling for objections,
(iii) Personal hearing to the applicant and objector,
(iv) Consideration of reports from administrative
agencies,
(v) Scrutiny of the applications, and
(vi) Shortlisting of genuine hand cart pullers.
11. In pursuance to the aforesaid procedure, the State had
conducted an inquiry and after scrutiny only 13 persons were
shortlisted as actual/genuine hand cart/rickshaw pullers. It
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was also found that 6 persons who were earlier genuine hand
cart/rickshaw pullers but who on account of their age could not
engage in hand pulling were willing to undertake the training for
plying of e-rickshaws. It was also found that apart from that
there are about 86 daily wages workers who pull hand
cart/rickshaw, although they are not licence holders.
12. We have heard Mr. K. Parameshwar, learned Senior
Counsel, who is assisting this Court as an Amicus Curiae. We
have also heard Ms. Nina Nariman, learned counsel who
espouses the cause of protection of the environment and the
persons who are owners/the persons dependent on horses for
their livelihood. On the previous occasions Ms. Nariman was led
by Mr. Shyam Divan, learned Senior Counsel. We have also
heard Mr. Colin Gonsalves, learned Senior Counsel who appears
on behalf of the hand cart/rickshaw pullers and Mr. Siddharth
Dharmadhikari learned counsel who appears on behalf of the
State of Maharashtra.
13. Ms. Nariman submits that if the paver blocks are to be
permitted only the clay paver blocks should be permitted. It is
also submitted that while laying the clay paver blocks, concrete
has been used as a bed for paver blocks which serves no
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purpose. She, therefore, submits that if the clay paver blocks
are to be laid, they should be laid without having a concrete bed.
Another issue which is flagged by Ms. Nariman, learned counsel,
is that the paver blocks should be permitted only from Dasturi
Naka to Shivaji Maharaj Statue. She submits that if the paver
blocks are also attempted to be laid on the other internal
trekking routes, it would be against the very concept of
Matheran being the only pedestrian hill station. She further
submits that if the paver blocks are to be laid, then a side
strip/way should be kept so that the horses can also ply on the
said route.
14. Ms. Nariman, learned counsel, further submits that if e-
rickshaws are to be permitted, then there should be a restriction
on the numbers of e-rickshaws and that e-rickshaws should be
allotted only to the persons who are genuine hand cart/rickshaw
pullers.
15. On earlier occasions, Mr. Shyam Divan, learned Senior
Counsel, had also assisted this Court on behalf of the
applicant(s) who are concerned with the protection of the
environment and the owners/persons dependent on the horses
for their livelihood. However, Mr. Divan at the relevant time
7
during today’s proceedings was on his legs before some other
court. No doubt, even today, Mr. Divan subsequently joined Ms.
Nariman but he permitted her to proceed with the arguments
and chose to assist her.
16. Mr. Gonsalves, learned Senior Counsel, on the other hand
submits that the report of the State Government with regard to
the genuine hand cart/rickshaw pullers is incomplete, as the
report should take into consideration the complete data. He
submits that he has a list of genuine hand cart/rickshaw
pullers, who are dependent upon rickshaw pulling for their
livelihood.
17. Mr. Dharmadhikari, learned counsel appearing for the
State of Maharashtra, submits that the paver blocks are
installed taking into consideration the report of the experts. He
also submits that only the genuine hand cart/rickshaw pullers
would be allotted e-rickshaws.
18. Mr. Parameshwar, learned Amicus Curiae, has been
assisting the Court throughout the proceedings.
19. Mr. Parameshwar submits that with changing times, the
necessary changes are required to be adopted. He submits that
if the clay paver blocks are laid it will rather than adversely
8
affecting the environment will, in fact, arrest the soil erosion and
will also be beneficial for protecting the road. He further submits
that the rights of the persons who are hand cart/rickshaw
pullers and the right of the persons who are dependent on
horses for their livelihood has to be balanced. He, however,
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submits that in the 21 Century, the inhuman practice of one
human being towing other human beings in a hand
cart/rickshaw, has not only to be stopped but should also be
castigated. He submits that if the country is continuing with the
practice of one human being towing other human beings and
that too in a hilly terrain, the same not only attacks the dignity
of the individual but also depicts a very sorry picture. To
buttress his submission, he relies on the judgment of this Court
in the case of People’s Union for Democratic Rights and
1
Others v. Union of India and Others .
20. In this background, we are called upon to consider the
following issues:
(i) As to whether the paver blocks should be permitted
to be laid on the road between the Dasturi Naka to
Shivaji Maharaj Statue, which is the main road that
1
(1982) 3 SCC 235
9
connects Matheran from Dasturi Railway Station to
the last point inasmuch as most of the habitations
are situated on this road. The internal roads are also
accessible from the said main road;
(ii) If the answer to issue (i) is in the affirmative, then
which type of paver blocks should be permitted to be
laid down;
(iii) As to whether e-rickshaws should be permitted on
the said road between Dasturi Naka to Shivaji
Maharaj Statue or not;
(iv) If the answer to issue (iii) is in the affirmative, then
we would have to consider as to what should be the
number of e-rickshaws that should be permitted to
be plyed on the said road;
(v) The last issue that would, accordingly, be required to
be considered is as to who should be the persons to
whom the said e-rickshaws be allotted to.
21. Insofar as the laying of the paver blocks is concerned, we
had requested the Indian Institute of Technology, Bombay (for
short, “IIT, Bombay”) to submit a report.
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22. In accordance with the directions issued by this Court, the
IIT Bombay submitted a report, as under:
(i) Clay paver blocks were in fact an eco-friendly option
that offer good slip resistance in rain prone areas;
(ii) They have a low water absorption rate, allowing
better drainage to be maintained;
(iii) Their colour and texture enhances visual appearance
of the pathways;
(iv) They minimize waste, can be efficiently produced
locally, and are recyclable and reusable.
23. The report further recommended that sand blasting could
be undertaken prior to every monsoon, to avoid the clay paver
blocks becoming slippery. Other measures that were
recommended were to increase drainage and prevent
waterlogging by inclusion of a non-woven geotextile layer
beneath the sand bedding, cambering of roads to help reduce
erosion, construction of contour bunds, inclusion of lateral
drains, and rumble strips for foot support.
24. However, since Mr. Divan, learned Senior Counsel, was not
satisfied with the said report of IIT, Bombay, we thought it fit
that the matter be examined by the National Environmental and
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Engineering Research Institute (for short, “NEERI”). Accordingly,
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vide order dated 19 March 2025, this Court directed the NEERI
to examine and submit its report to this Court on the following
issues:
(i) As to whether it is necessary to install the paver
blocks in order to avoid soil erosion;
(ii) As to whether there could be any other alternative
than installation of clay-paver blocks, in order to
avoid the soil erosion;
(iii) As to whether, installation of paver blocks would
arrest the soil erosion;
(iv) As to whether the use of clay-paver blocks instead
of the concrete paver blocks would address the
issue.
25. NEERI, which is undoubtedly one of the most prominent
institutions in the matters of environmental studies and
research submitted its report with regard to the necessity of
laying the paver blocks. It will be relevant to refer to the
following observations of NEERI in its report:
“The trampling effect of horses will reduce soil
aggregate stability which ultimately increases the soil
movement with water and air (…). It was found
during the site inspection that, the mud road paved
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with laterite near the Charlotte Lake is weakened
mainly by the movement of horse. (Figure 6). In order
to avoid soil erosion on mud road, a material which
can withstand the force of rain and the trampling
effect of horses is required in the Matheran region.
Hence, paving off road with suitable material is the
best method for arresting soil erosion.”
26. It can thus be seen that NEERI also concurred with the
report of IIT Bombay and came to a specific finding that in order
to avoid soil erosion, paving of road with suitable material was
the best method for arresting soil erosion. It is further observed
in its report, as under:
“Paver block installation is a solution for arresting
soil erosion of mud road in Matheran. With the
installation of paver blocks, the soil will not be
exposed to rain as well as the trampling effect of
horses. Hence, the detachment of individual soil
particles from the soil mass will be reduced.”
27. It can thus be seen that NEERI also observed that with the
installation of the paver blocks, the soil will not be exposed to
rain as well as the trampling effect of horses, hence the
detachment of individual soil particles from the soil mass will be
reduced. The NEERI, therefore, recommended thus:
“Based on the site inspection it is found the clay
paver block installed in 2022 is having enough
potential to resist the trampling effect of horses.
Because, the inspection team couldn't see much
changes on the surface of clay paver blocks. It was
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reported by Dr. Abhay Bambole that the
comprehensive strength of the material was (…)
equivalent to M40 grade concrete paver block. Hence,
clay paver block can be considered as the best
solution for arresting soil erosion on mud roads of
Matheran, an eco-sensitive zone.
In addition to the soil erosion on mud road, a study
on soil erosion of the Matheran region is needed for
its prevention with the objective to (i) Assess the soil
erosion potential of the region; (ii) Identify potential
soil erosion sites in the region and prepare of
management plan.”
28. It is thus clear that the NEERI came to a specific finding
that clay paver blocks can be considered as the best solution for
arresting soil erosion on mud roads of Matheran and Eco
Sensitive Zones.
29. Time and again, we have observed that this Court cannot
sit in an appeal over the wisdom of experts. The two expert
bodies i.e., IIT, Bombay and NEERI have examined the issue and
found that laying of paver blocks was necessary to arrest the soil
erosion. They also found that the paver blocks is the best
solution.
30. We are, therefore, inclined to accept the recommendation
of the IIT, Bombay and NEERI that the laying of clay paver
blocks is a best solution for arresting the soil erosion.
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31. The next issue is as to whether the practice of towing by
hand the carts/rickshaws should be permitted or not.
32. As early as in the year 1982, this Court had an occasion to
People’s Union for Democratic
consider the issue in the case of
Rights (supra). It will be appropriate to refer to the following
observations:
“ 12. Article 23 enacts a very important fundamental
right in the following terms:
“23. Prohibition of traffic in human beings
and forced labour.— (1) Traffic in human
beings and begar and other similar forms of
forced labour are prohibited and any
contravention of this provision shall be an
offence punishable in accordance with law.
………..
But there are certain fundamental rights conferred by
the Constitution which are enforceable against the
whole world and they are to be found inter alia in
Articles 17, 23 and 24. ………….. It is Article 23 with
which we are concerned and that article is clearly
designed to protect the individual not only against the
State but also against other private citizens. Article 23
is not limited in its application against the State but it
prohibits “traffic in human being and begar and other
similar forms of forced labour” practised by anyone
else. The sweep of Article 23 is wide and unlimited
and it strikes at “traffic in human beings and begar
and other similar forms of forced labour” wherever
they are found. …………… Now there was one feature
of our national life which was ugly and shameful and
which cried for urgent attention and that was the
existence of bonded or forced labour in large parts of
the country. This evil was the relic of a feudal
exploitative society and it was totally incompatible
15
with the new egalitarian socio-economic order
which “we the people of India” were determined to
build and constituted a gross and most revolting
denial of basic human dignity. …………. This is the
reason why the provision enacted in Article 23 was
included in the Chapter on Fundamental Rights.
The prohibition against “traffic in human beings and
begar and other similar forms of forced labour” is
clearly intended to be a general prohibition, total
in its effect and all pervasive in its range and it is
enforceable not only against the State but also
against any other person indulging in any such
practice .
13. ……… What are the forms of “forced labour”
prohibited by that article and what kind of labour
provided by a person can be regarded as “forced
labour” so as to fall within this prohibition? …….. This
Article strikes at forced labour in whatever form it
may manifest itself, because it is violative of
human dignity and is contrary to basic human
values. The practice of forced labour is condemned in
almost every international instrument dealing with
human rights. It is interesting to find that as far back
as 1930 long before the Universal Declaration of
Human Rights came into being, International Labour
Organisation adopted Convention No. 29 laying down
that every member of the International Labour
Organisation which ratifies this convention shall
“suppress the use of forced or compulsory labour in all
its forms” and this prohibition was elaborated in
Convention No. 105 adopted by the International
Labour Organisation in 1957. The words “forced or
compulsory labour” in Convention No. 29 had of
course a limited meaning but that was so on account
of the restricted definition of these words given in
Article 2 of the Convention. Article 4 of the European
Convention of Human Rights and Article 8 of the
International Covenant on Civil and Political Rights
also prohibit forced or compulsory labour. Article 23
is in the same strain and it enacts a prohibition
against forced labour in whatever form it may be
found. ……. We do not think it would be right to place
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on the language of Article 23 an interpretation which
would emasculate its beneficent provisions and defeat
the very purpose of enacting them. We are clearly of
the view that Article 23 is intended to abolish
every form of forced labour. …….. Every form of
forced labour, “begar” or otherwise, is within the
inhibition of Article 23 and it makes no difference
whether the person who is forced to give his labour
or service to another is remunerated or not. Even
if remuneration is paid, labour supplied by a person
would be hit by this article if it is forced labour,
that is, labour supplied not willingly but as a result
of force or compulsion.
……………
This article strikes at every form of forced labour
even if it has its origin in a contract voluntarily
entered into by the person obligated to provide
labour or service . The reason is that it offends
against human dignity to compel a person to
provide labour or service to another if he does not
wish to do so, even though it be in breach of the
contract entered into by him. There should be no
serfdom or involuntary servitude in a free
democratic India which respects the dignity of the
individual and the worth of the human person.
Moreover, in a country like India where there is so
much poverty and unemployment and there is no
equality of bargaining power, a contract of service
may appear on its face voluntary but it may, in reality,
be involuntary, because while entering into the
contract, the employee, by reason of his economically
helpless condition, may have been faced with Hobson's
choice, either to starve or to submit to the exploitative
terms dictated by the powerful employer. …….”
[emphasis supplied]
33. It can thus be seen that this Court in the said case had an
occasion to consider the effect of Article 23 of the Constitution
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of India, which prohibits traffic in human beings and forced
labour. The Court found that with the new egalitarian socio-
economic order which “we the people of India” were determined
to build; forced labour, in whatever form, is violative of human
dignity and is contrary to the human order. The Court gave
an expanded meaning to Article 23 and held that Article 23
intended to abolish every form of forced labour. The Court also
found that even if remuneration is paid, labour supplied by a
person would be hit by Article 23, if it is a forced labour i.e.,
labour supplied not willingly but as a result of force or
compulsion.
34. The persons towing hand cart/rickshaw in Matheran do
so not of their own choice but since they have no other source
of livelihood. Permitting such an inhuman practice, which hits
the concept of human dignity in a country like India, which is
marching towards becoming a developed country from a
developing country, belittles the constitutional promise of
social and economic justice.
35. In a similar situation, this Court in the case of Azad
Rickshaw Pullers’ Union and Others v. State of Punjab
18
2
and Another considered the issue of rehabilitation of manual
rickshaw pullers in Punjab. In his inimitable style, Justice
Krishna Iyer observed thus:-
“1. No higher duty or more solemn responsibility
rests upon this Court than to uphold every State
measure that translates into living law the
preambular promise of social justice reiterated in
Article 38 of the Constitution. We might have been
called upon to examine from this angle of
constitutionalised humanism, the vires of the Punjab
Cycle Rickshaws (Regulation of Licence) Act, 1976
(Punjab Act 41 of 1976) (“the Act” for short), designed
to deliver the tragic tribe of rickshaw pullers, whose
lot is sweat, toil, blood and tears, from the
exploitative clutches of cycle rickshaw owners by a
statutory ban on non-owner rickshaw drivers.”
36. Though the said case does not pertain to the hand
cart/rickshaw pullers but to the cycle rickshaw pullers, this
Court found that even such a practice of cycle rickshaw
pullers was not consistent with the preambular promise of
social justice as contained in Article 38 of the Constitution of
India. The Court further observed thus:
“11. (…) It is a notorious fact that rickshaw pullers
have an occupational hazard and suffer from
pulmonary tuberculosis and so, the State must be
deeply concerned progressively to replace rickshaw
pulling with mechanical propulsion. It would appear
that short of scooters there are mechanised cycle
rickshaws which are fairly inexpensive and which are
2
(1980) Supp. SCC 601
19
being experimented with. Such vehicles may be a
boot to the miserable who now torture themselves to
keep body and soul together. After all, the quality of
life of the weakest in society is the true measure of
social justice.”
37. The above words depict the agony which the rickshaw
pullers were undergoing. The Court observed that they suffer
from pulmonary tuberculosis and the State must be deeply
concerned progressively to replace rickshaw pulling with
mechanical propulsion. The Court further observed that such
vehicles may be a boot to the miserable who now torture
themselves to keep body and soul together. It also observed
that the quality of life of the weakest in society is the true
measure of the social justice.
38. In light of this observation, it will also be relevant to
consider a recent medical study of the manual rickshaw
pullers in India, which reads thus:
“Overall 61.0% of rickshaw pullers were suffering
from either acute or chronic health problems during
their lifetime and almost half (49.5%) of them had at
least one spell of sickness in the last 15 days. Factors
like the consumption of tobacco and alcohol, and the
low socioeconomic status might be contributing to
the health problems. (…) The chronic illnesses,
among study subjects, were found to be of dental
origin (32.8%), vascular origin (31.1%) including
varicose veins, and musculoskeletal problems
(30.1%) including generalized body ache and leg
pain. The possible attributes to these problems might
20
be poor personal hygiene; a high rate of tobacco
consumption; long hours spent on pedaling
rickshaws. In a study from Odisha, India,
musculoskeletal pain problem was found as the
major morbidity (91.7%) among the study subjects
followed by gastrointestinal problems (55.9%),
ophthalmic problem as impaired vision (51.0%).
Aches and pains, and physical weakness constitute
43% of all chronic ailments, likely to be associated
with rickshaw pulling itself, reported from
Bangladesh. (…) The majority of the study subjects
(73.4%) in the present study had BMI within the
normal limits. However, 24.6% of them were
underweight and only 2.0% were overweight. Similar
observations have been reported from Odisha and
may be due to the nature of the job involving intense
physical activity for prolonged durations.”
39. The study shows that 61% of the rickshaw pullers were
suffering from either acute or chronic health problems during
their lifetime and almost half of them had at least one spell of
sickness in the last fifteen days. It was found that long hours
spent on pedaling rickshaws lead to musculoskeletal pain
problem amongst 91.7% of the persons who were subjected to
the study. Again, it must be noted that this was also a report
with regard to those plying cycle rickshaws. If this is the case
of the cycle rickshaw pullers, one can only imagine the plight
of the hand cart/rickshaw pullers.
40. In the totality of circumstances, we are at pains to
observe that even after 45 years of the observations made by
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this Court in the case of Azad Rickshaw Pullers’ Union
(supra), the inhuman practice of a human being towing other
human beings is still very much prevalent in the town of
Matheran. The question that we will, therefore, have to ask
ourselves is as to whether we, as a society, are alive to the
constitutional promise of social and economic equality and
social and economic justice.
41. The answer, unfortunately, will have to be in the
negative.
42. Continuing such an inhuman practice even after 78
years of the country getting its freedom and after 75 years of
the Constitution being enacted and promising social and
economic justice to its citizens, in our view, would be betraying
the promise given by the people of India to themselves.
43. We, therefore, find that the practice of permitting hand
pulled carts/rickshaws needs to be stopped forthwith. At the
same time, the question that would arise next is, if we stop
this practice what will happen to those who are dependent on
it for their livelihood.
44. The answer to that was given way back in the 1980s in
the case of Azad Rickshaw Pullers’ Union (supra).
22
Forty-five years of technological development in the country
has now led to the introduction/invention of e-rickshaws,
which are not only environment friendly/cause the least
pollution but also prevent the human beings from adopting
practices that hit at an individual’s dignity.
45. We, therefore, find that the State which has also a duty
under the Directive Principles of State Policy to ensure that
social and economic justice is done to the citizen, should form
a scheme for rehabilitation of these hand cart/rickshaw
pullers so that they are not deprived of their livelihood.
46. We may gainfully refer to a scheme, which is
implemented in the town of Kevadia (Sardar Patel Sarovar) in
the State of Gujarat. The State of Gujarat in collaboration with
the Statue of Unity Area Development and Tourism
Governance Authority (SoUADTGA) has purchased a number
of e-rickshaws. The said e-rickshaws are given on a nominal
hire basis to the tribal women residing in the vicinity of the
Sardar Patel Sarovar. It has become a famous tourist spot and
hundreds of Adivasi women have not only become self-
dependent but have also flourished on account of this scheme
23
which has been implemented by the State of Gujarat and
SoUADTGA.
47. We, therefore, find that it will be appropriate that the
State of Maharashtra studies the said scheme and implements
the same in the town of Matheran so that not only the genuine
hand cart/rickshaw pullers are rehabilitated but also the
other underprivileged persons in and around the town of
Matheran, including the Adivasi women, are benefited
therefrom.
48. As we understand from the said Scheme, the ownership
of the e-rickshaw is with the SoUADTGA. During the night
hours, the e-rickshaws are charged and, in the morning, the
tribal women, on a payment of a certain amount, are given the
e-rickshaw for plying for the day and whatever is the surplus
above the rental amount, which we understand is a
substantial amount, is retained by them as a reward for their
labour.
49. In the light of the aforesaid, we dispose of the present
batch of applications by issuing the following directions:-
(i) The State Government is permitted to lay the
clay paver blocks on the road between the
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Dasturi Naka to Shivaji Maharaj Statue. While
laying clay paver blocks, we direct that no
concrete bed shall be laid below the said clay
paver blocks, however, the other measures, as
recommended by the IIT Bombay to increase
drainage and prevent waterlogging such as
inclusion of non-woven geotextile layer beneath
the sand bedding, cambering of roads to help
reduce erosion, construction of contour bunds,
inclusion of lateral drains, and rumble strips for
foot support shall be implemented. Needless to
also state that the recommendations given by
the NEERI shall also be given effect to. Needless
to state that if any concrete paver blocks are
laid and if any concrete bedding is laid below
the paper blocks the same shall be removed and
replaced by the bedding as recommended by the
IIT, Bombay and NEERI. Similarly, if any
concrete paver blocks are already laid, they
shall be removed and replaced by clay paver
blocks;
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(ii) We clarify that though the clay paver blocks
would be permitted to be laid on the road
between Dasturi Naka to Shivaji Maharaj
Statue, no paver blocks would be laid on the
internal roads and in no case on the trekking
routes. We find that this measure, apart from
providing an accessible road from Dasturi Naka
to Shivaji Maharaj Statue and easy movement
of the e-rickshaws would also ensure that the
internal roads and the trekking routes are
exclusively available only for the trekkers and
for the persons dependent on the horses for
their livelihood. This will balance the right of
the hand cart/rickshaw pullers and the persons
dependent on the horses;
(iii) We direct the State of Maharashtra to forthwith
stop the practice of plying hand pulled
carts/rickshaws in the town of Matheran in a
phased manner and in any case within a period
of six months from today;
26
(iv) The State Government shall evolve a scheme
taking the scheme applicable in Kevadia to be a
model scheme. The State or an authority
constituted on their behalf would purchase the
e-rickshaws and give them on a hire basis on
payment of a fixed amount to the genuine
rickshaw pullers or the other underprivileged
persons, including Adivasi women. Needless to
state that the genuine hand cart/rickshaw
pullers would be given a priority in the matter
of allotment of such e-rickshaws on hire basis.
(v) Insofar as the identification of the genuine hand
cart/rickshaw pullers is concerned, since many
flaws have been found by the learned Principal
District Judge, Raigad in his inquiry and since
Mr. Gonsalves, learned senior counsel, is not
satisfied with the modus operandi of the State
Government, we direct the Matheran
Monitoring Committee under the Chairmanship
of the Collector, Raigad, which is constituted
under the ESZ Notification to identify the
27
persons who are genuine hand cart/rickshaw
pullers. The number of e-rickshaws to be
permitted would also be determined by the said
Committee taking into consideration the ground
realities. The remainder of the e-rickshaws, if
available, would be allotted to the
underpriviledged persons residing in and
around Matheran and preferably to Adivasi
women who on account of the same will have an
opportunity to earn their livelihood and become
self-dependent, as is done in the case of the
scheme implemented in Kevadia, Gujarat.
Needless to state that the State Government
shall also bear the expenses for providing the
necessary training to the genuine hand
cart/rickshaw pullers and the other allottees,
who are found to be eligible.
(vi) We clarify that the State Government would be
at liberty to implement the aforesaid scheme
through Corporate Social Responsibility (CSR)
Funds or any other mode available to it.
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However, we clarify that non-availability of
funds would not be treated as an excuse for not
implementing the aforesaid scheme. We
earnestly hope that the State would render all
necessary assistance in stopping such an
inhuman practice, which hits at the basic
human dignity, in the right perspective.
(vii) Needless to state that while undertaking
aforesaid exercises, the State Government and
relevant authorities shall ensure that the
character of Matheran as a pedestrian hill
station, which is unique to the town of
Matheran, shall be maintained to the extent
possible.
50. Before we part with the judgment, we express our deep
appreciation for the valuable assistance provided by Mr. K.
Parameshwar, learned Amicus Curiae ably assisted by Mr.
M.V. Mukunda, Ms. Kanti, Mr. Shreenivas Patil, Mr. Raji
Gururaj, Mr. Veda Singh, and Mr. Prasad Hegde, learned
counsel. We also express our deep appreciation to Ms. Nina
Nariman, learned counsel, ably assisted by Mr. Shyam Divan,
29
learned Senior Counsel and Mr. Colin Gonsalves, learned
Senior Counsel, ably assisted by Mr. Vivek Vishal Gautam,
Mr. Lalit Mohan and Mr. Paul Kumar Kalai, learned counsel.
We also express our deep appreciation to Mr. Siddharth
Dharmadhikari, learned counsel for the State of Maharashtra,
for being responsive to the suggestions given by the Court.
............................CJI
(B.R. GAVAI)
...................................J
(K. VINOD CHANDRAN)
...................................J
(N.V. ANJARIA)
NEW DELHI;
AUGUST 06, 2025.
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