In the Court of State Commissioner for Persons with
Disabilities
National
Capital Territory of Delhi
25-
D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No. 4/1043/2015-Wel/CD/ 501-502 Dated:
12.05.2017
In
the matter of:
Dr. Bharat Prasad Yadav,
Rashtriya Pragya Drishti Sansthan,
B-421,Trilokpuri,
Delhi-110091 .……… Complainant
Versus
Principal Secretary,
Department of Urban Development,
Delhi Secretariat,
New Delhi-110001. …...…Respondent
Present Dr. Bharat Prasad
Yadav, Complainant.
None
on behalf of Respondent.
Date
of hearing: 08.05.2017
ORDER
On perusal of the documents available in the
case file it is observed that the complaint filed by Dr. Bharat Prasad Yadav,
Secretary, Rashtriya Pragya Drishti Sansthan, who is a person with
blindness, was closed upon receipt of
replies of the Department of Urban Development (Unauthorised Colony Cell) dated
01.09.2014 and 10.08.2015 that the unauthorised colony bearing registration
number 1255 namely Louis Braille Vihar, Madan Pur Dabas was not eligible for
regularization.
2. Upon receipt of further
communication from the complainant dated 03.09.2016, the matter was taken up
again with the Department of Urban Development and Dy. Commissioner of Police,
Outer District. After exchange of a number of correspondence with the
respondents and the complainant, it is revealed from the reply dated 30.01.2017
submitted by Department of Urban Development that the Rashtriya Pragya Drishti
Sansthan had filed a Writ Petition WP(C) No. 8567 of 2010 in the Hon’ble High
Court of Delhi seeking appropriate directions to GNCTD to expedite the process
of regularisation of the colony namely
Louis Braille Vihar, colony. The
operative para of the judgement dated 04.08.2014 of Hon’ble High Court of Delhi
has been reproduced as under:-
“The operating para 6 pertaining to regularization of the unauthorized colony in the Judgement dated 04.08.2014 of the High Court of Delhi reads “Although, the receipt of the letter dated 24.10.2011 and the show cause notice is disputed by the petitioner, nonetheless, the moot question that needs to be answered is whether Louis Braille Vihar Colony complies with the condition of regularization namely that on the cut of date i.e. 08.02.2007, the un-built area of the said colony was less than 50%. The petitioner has not produced any material which could indicate that this finding of respondent No. 1 that as on 08.02.2007, the built up land comprising the Louis Braille Vihar Colony was less than 50% is erroneous. The respondent has also produced a letter dated 07.12.2012 of Geospatial Delhi Ltd., which is a specialised company involved in scientific mapping of geographical areas. The said letter indicates that the area of the colony is 14780.21 Sq. Meters and the built up area in 2007 was 31.23% of the total area of the colony. Thus, undisputedly the petitioner’s colony Louis Braille Vihar having registration No. 1255, does not comply with the requirements of the regulations framed for regularisation of unauthorised colonies. Accordingly, the prayer made by the petitioner for expediting the process of regularisation cannot be granted”
3. The respondent Department has
further mentioned that the Urban Development Department has proposed amendment
in the procedure of regularisation of unauthorised colonies and submitted to
the Ministry of Urban Development, Govt. of India. The information sought by Govt. of India is
being compiled. The unauthorised
colonies shall be processed for regularisation after issue of notification by
the Ministry of Urban Development, Govt. of India. .
4. It is observed that the
complainant should have mentioned in his complaint that the Hon’ble High Court
of Delhi had pronounced a judgement on the issue.
5. During the hearing on 08.05.2017,
the complainant submitted that the members of the Bhagya Vihar Residential
Association had removed the sign board of Louis Braille Vihar and erected the
sign board of Bhagya Vihar, G-Block. He
prayed that they should not be allowed to do so as the owner of the land
namely, Sh. Mohinder Singh had given the land to the Society for building up
the Louis Braille Vihar on 16th April 2003. The complainant was advised to file a
complaint with the local Police Station for appropriate action. In case that the concerned authorities do not
take action as per law, he may file a fresh complaint before the State
Commissioner for Persons with Disabilities.
The matter is disposed of accordingly.
Given
under my hand and the seal of the Court this 12th day of
May,2017.
(T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
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