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Nisha Gurjar v. Union of India and Others
2026:MPHC-GWL:27238
Writ Petition No. 12718 of 2026
- Court
- Madhya Pradesh High Court
- Date of Decision
- 10 September 2026
- Bench
- Justice Vivek Agarwal and Justice Avanindra Kumar Singh
Final Outcome
Petition disposed of in terms of the directions in paragraph 3, with liberty to the petitioner to apply for revival if the Union and the State fail to implement a comprehensive policy within 120 days (paras 3-4).
Source Madhya Pradesh High Court (mphc.gov.in), decided 10.09.2026
Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.
Brief Facts
Nisha Gurjar filed the writ petition as a public interest litigation (opening paragraph). The petitioner's case was that e-rickshaws, introduced over the last ten years, ply without any Rules regulating their movement, and it was submitted that this was "causing lot of congestion and anarchy on the road" (opening paragraph). The petitioner also said that free plying of e-rickshaws prejudices other vehicle owners who hold permits and pay hefty fees for them (opening paragraph). The Deputy Solicitor General for the Union and counsel for the State agreed that e-rickshaws choking traffic and plying without permits, licences or regulation of routes "is a national problem" (para 2).
Court's Findings
The Court disposed of the petition with time-bound directions (para 4). Through the Deputy Solicitor General, the Secretary, Ministry of Road Transport and Highways, is to frame within 60 days a policy on plying of e-rickshaws, including regulation of their numbers on a road in a particular city and issuance of route permits, so as to facilitate their even movement and decongest the roads (para 3). The Union is to circulate the policy to all State Governments within 60 days (para 3). Madhya Pradesh, in consultation with the Transport Commissioner, may make changes needed for its geographical and demographical conditions within a further 30 days, and must notify a comprehensive policy not later than 120 days from the order, to be followed by all owners of e-rickshaws and e-vehicles run as transport vehicles (para 3). Recording a Government Advocate's input that some models tend to topple on short turns, the Court said it expects the Union also to regulate the structure of e-rickshaws for a better centre of gravity, and asked that this be conveyed to the Union (paras 6-7).
Legal Principle
Where the Union and the State accept that unregulated e-rickshaws are a national problem, a High Court hearing a public interest litigation may dispose of it with time-bound directions to frame and notify a regulatory policy, reserving liberty to revive the petition if the policy is not implemented (paras 2-4).