'State Cannot Sit In Slumber': Allahabad High Court Flags Rising E-Rickshaw Traffic Problem In Lucknow, Seeks Govt Policy
The Allahabad High Court (Lucknow Bench) has flagged the rising number of e-rickshaws in Lucknow, observing that their increasing presence on city roads is creating a "huge traffic problem" and that the State "cannot sit in a state of slumber" on the issue.
A Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai said the issue is 'serious' and needs to be dealt with expeditiously by framing a suitable policy.
The Court was hearing a Public Interest Litigation (PIL) plea concerning traffic management in Lucknow.
During the proceedings, it also considered the need for the creation of a separate cadre of Traffic Police, noting that traffic management is distinct from the duties performed by regular police personnel.
The Court was informed that around 80,000 e-rickshaws are plying in Lucknow. It was submitted that there are presently no provisions under the Motor Vehicles Act to control their sale and registration.
The Bench noted that the Motor Vehicles Act is a Central legislation, but has been enacted under List III of the Seventh Schedule, under which the State Government also has concurrent legislative power.
The Court further took note of the submission that the increasing number of e-rickshaws is creating a "huge traffic problem", particularly because no designated parking space has been allocated for them, resulting in their accumulation near intersections in the city.
It also noted that every road has a maximum carrying capacity for vehicles and observed that "in Lucknow the same stands exceeded considering the sheer number of e rickshaws plying".
The Bench further observed thus:
"The State cannot sit in a state of slumber on this issue and have to wake up and tackle the issue effectively by framing suitable policy…Accordingly, it is a serious issue which needs to be dealt with expeditiously".
The Court accordingly directed Additional Advocate General Sudeep Kumar to seek specific instructions from the Additional Chief Secretary, Transport, Lucknow, regarding the Government's proposed policy.
The Government has been asked to inform the Court how it proposes to regulate the ever-increasing sale and plying of e-rickshaws and how their movement within the city is proposed to be controlled.
The Court has directed that this aspect be placed before it by the next date.
Regarding the issue of constituting a separate cadre of Traffic Police, the Additional Director General of Police, Traffic, Lucknow, informed the Court that there are currently no rules for creating such a cadre.
The Court, however, observed that a policy decision could be considered by the State Government. It observed thus:
"…the task of the Traffic Police is clearly distinct from the role assigned to regular police officers whether posted at a police station or discharging any other police duties. Accordingly for better management of traffic and increasing number of traffic personnel required it would be in public interest to consider formation of separate cadre for traffic police".
The Court also noted that the local police are already "inadequately staffed to spare numerous personnel for the management of traffic", which further stresses the law-and-order machinery.
The Additional Advocate General assured the Court that he would bring the issue to the notice of the Additional Chief Secretary, Home, U.P., who is expected to consider it and inform the Court of the Government's views by the next date.
The High Court also continued to monitor corrective measures addressing 153 points requiring rectification to ensure smooth traffic flow between Polytechnic and Kamta Crossing near the High Court premises.
The Court was informed that Lucknow Nagar Nigam had taken certain steps and submitted a report. The Additional Advocate General stated that the report would be provided to the Deputy Commissioner of Police, Traffic, Lucknow, whose compliance would be verified and placed before the Court.
The Court directed that detailed compliance with the report, along with proposals formulated by the committee constituted by the Court, be placed before it on the next date.
The matter has been listed for September 10, 2026.
Case title - Suraj Singh Visen vs. State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 25 Others