Friday, July 28, 2017

Namdev Pandit & 54 Ors Vs. Urban Development Deptt & Ors | Case No. 4/1233/2016-Wel./CD/ 1212-1272 | Dated: 27.07.2017

Case Summary:

Employment: Persons with disabilities earning their living through street vending filed complaints to courts regarding harassment by officials and inaction of allotment of kiosks to applicants.

In view of this affecting a large number of PwD, further status reports were avoided and it was recommended that (1) PwD vendors who were vending before 13.09.13 should be left undisturbed (2) ones who had applied for licenses before the said date but hadn’t gotten them due to delay should also be allowed to vend on producing proof of application. Court further noted that some clauses of the Delhi Street Vendors Act may need to be re-examined in light of the Rights of Persons with Disabilities Act, 2016.

Rules/Acts/Orders:
1. Delhi Street Vendors Act
2. Rights of Persons with Disabilities Act, 2016.


Order / Judgement: 

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
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the Rights of Persons with Disabilities Act,
2016]

Case No. 4/1233/2016-Wel./CD/ 1212-1272                              Dated: 27.07.2017

In the matter of:

As per the list enclosed                                                            .....           Complainants

Versus

The Pr. Secretary,                                                 The Commissioner,
Urban Development Deptt.                                   North Delhi Municipal Corporation,
9th Level, C-Wing,                                                  4th Floor, Dr. S.P.M. Civic Centre,
Delhi Secretariat, I.P. Estate,                                 J.L.N. Marg, New Delhi-110002
New Delhi-110002 .....Respondent No.1                               ......Respondent No.2


The Commissioner,                                               The Commissioner,                      
South Delhi Municipal Corpn.,                               East Delhi Municipal Corporation,
9th Floor, Dr. SPM Civic Centre,                            419, Udyog Sadan, Patparganj
J.L.N. Marg,   New Delhi-110002                           Industrial Area, Delhi-110096
                .....Respondent No.3                                         ....Respondent No.4
           
The Chairman,                                                       
New Delhi Municipal Council,                            
Palika Kendra, Sansad Marg,  
New Delhi-110001  ... Respondent No.5
                                                                                                                                             


ORDER

A large number of persons with disabilities individually as well as through their associations / societies who had been either doing street vending or had applied to do street vending, filed their representations before the Commissioner of Persons with Disabilities in connection with the harassment by the enforcement officials or denial of permission to earn their livelihoods through street vending.  Their complaints (55 complaints as per enclosed list) were taken up with the concerned municipal authorities from time to time.  Some of the complainants filed multiple representations on the same or different issues at different points of time.   The then Commissioner for Persons with Disabilities held a number of hearings in the said cases.  While the grievances of some of the complainants got redressed partially, those who had applied for allotment of kiosks, street vending etc. are yet to get any relief. Most of them often visit the office of State Commissioner for Persons with Disabilities alleging harassment and inaction on their applications for allotment of kiosks etc. seriously affecting their livelihoods for a variety of reasons including  delay in  constitution of Town Vending Committees (TVCs) / and their operationalization.

2.            Keeping in view the hardships being faced by persons with disabilities due to forced eviction / destruction of their material / imposition of heavy fines on seized material etc by enforcement agencies and inordinate delay in allotment of kiosks,  tahbazari  etc.  a meeting  with Urban Development Department, the three Municipal Corporations of Delhi and New Delhi Municipal Council was convened on 26.06.2017 to review the status of constitution of TVCs by the concerned authorities and to explore the possibility of saving the livelihoods of the affected persons with disabilities. The representatives of the Principal Secretary, U.D. Department, Commissioner South DMC, Commissioner North DMC and Chairman NDMC attended the meeting.  However, neither the Commissioner EDMC / his representative attended the meeting nor did anyone  intimate the inability to attend the meeting despite the fact that the notice of meeting clearly mentioned that a final view would  be taken in the matter and it would not be possible to have further interactions.  The heads of the organisations were requested either   to attend the meeting personally or depute an officer of appropriate level who could make a decisive statement on behalf of the organisation. I am therefore constrained to observe that the concerned officers of EDMC have adopted a recalcitrant approach in finding a possible solution to the cases and demonstrated indifference to the sufferings of a most marginalized section of the society such as  persons with disabilities and hope that Commissioner EDMC  will look into the matter personally and impress upon the concerned officers to be more sensitive towards the issues concerning  persons with disabilities.

3.         The complainants can broadly be grouped in the following three categories:
              I.        Street vendors who were doing street vending on or before 13.09.2013 and are aggrieved by improper treatment and indignified handling by the enforcement officials of the concerned corporation/ council and the police, imposition of heavy amount of fine, delay in release of confiscated goods, etc;
              II.        Persons with disabilities who were not allotted kiosks / licence etc. and not able to do street vending due to various reasons including the apathy of the concerned officials even though they had applied for licence much before 13.09.2013 and were also eligible for  it;
              III.        Persons with disabilities who have applied after 13.09.2013 or there about and need to be considered by the respective Town Vending Committees.

4.          During the meeting, the participating representatives pointed out that some of the vendors with disability were not genuine and also indulge in gross violation of the laws, rules, etc. After an extensive discussion, the participating representatives proposed that the list of the complainants may be provided to them which they would examine and then submit the status of each complainant by a fixed date where after the decision may be taken.

5.         Upon perusal of the record, it is seen that the complaints under consideration had been taken up with the concerned Municipalities already and the issues are as described above. The concerned Municipalities have given their respective versions in some cases from time to time which revolve around constitution of the Town Vending Committees and the matter being subjudice before the Hon’ble High Court of Delhi.  In view of the fact that the representations concern the livelihoods of a large number of persons with disabilities who face adverse situations on day-to- day basis and that the issue of constitution of the Town Vending Committees is before the Hon’ble High Court of Delhi who are seized of the issues connected therewith, it will be expedient to dispose of the complaints rather than wait for another round of status reports by the concerned authorities, which are not likely to be different from the ones so far submitted.  Accordingly, the following is recommended:

   i.        The persons with disabilities who were vending as on 13.09.2013, should not be disturbed and be allowed to earn their livelihood by selling various articles.
    ii.        Persons with disabilities who fulfilled eligibility conditions and had applied for vending licence, allotment of kiosks etc. before 13.09.2013 but were not issued the licence while those who applied after them, were given the licence, should not be denied vending right on the ground that their names do not exist in the list of registered vendors as they would have been covered under the ‘existing vendors’ as on 13.09.2013 had their applications been processed in time by the concerned Municipal authorities. Such vendors should however produce the proof of   having applied for the vending licence, allotment of kiosks, etc.
   iii.        The concerned functionaries of the Municipalities/ Cantonment Board  should be properly and adequately sensitised to deal with persons with disabilities with dignity, particularly while seizing  and releasing their goods (perishable/ non-perishable) which should be released within the prescribed time limit and  be considerate in levying fines. 
  
     6.      It is also relevant to point out that some clauses of Delhi Street Vendors (Protection of Livelihood & Regularisation of Street Vending) Rules 2016, may need a relook in light of the coming in to force of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) w.e.f.  19.04.2017 and appreciation of certain issues specific to persons with disabilities.

     7.      Recommendations in respect of a few of such Clauses/ issues are as under:-
          i.        Clause 1.1.9 should provide for some additional method for acknowledgement of the vendor requiring them to sign and put th umb impression as some persons with disabilities may not have thumb or Arms.

                    ii.        Where ever the Persons with Disabilities Act, 1995 occurs in the Rules / scheme, it should be replaced by the Rights of Persons with Disabilities Act,2016.

                     iii.        Section 37 of the RPwD Act provides for reservation of 5% in all poverty alleviation and various development schemes with priority to women with bench mark disabilities. Clauses 3.3.4 should mention 5% instead of 3% for persons with disabilities. New Delhi Municipal Council in their letter no. 983/DIR(Enf)/2015 dated 29.06.2015 had informed  Urban Development  that the quota for persons with disabilities was to be raised from 5% to 10% in compliance of Hon’ble Supreme Court’s Judgement dated 08.10.2010 in the matter of Gainda Ram Vs MCD in Writ Petition (C) 1699/1987. This may be examined and the necessary provision may suitably be incorporated,  where required.

                     iv.        Clause 6.2.1 (ii), provides for preference to widows. Widows with disabilities should be given higher priority amongst the widows. This may suitably be incorporated.

                    v.        Persons with bench mark disabilities who need high support like those with autism, intellectual disability, cerebral palsy, multiple disabilities etc. may require assistance to carry out the vending activities. In such cases support/assistance by family members/legal guardian  may also be considered with adequate safeguards.

                     vi.        Urban Development should  consult Social Welfare Department, GNCT of Delhi being the nodal Department for persons with disabilities before  finalising the Rules and the Scheme.

     8.    The cases as indicated in the list are disposed of with the above observations on the limited issues.


  Given under my hand and the seal of the Court this 25th  day of July,2017. 
    


                                                                                                                     (T.D. Dhariyal )
Encl: As above.                              State Commissioner for Persons with Disabilities


Copy for information to the Secretary, Social Welfare Department, GLNS Complex, Delhi Gate, New Delhi w.r.t. para 6 of the Order.

CATEGORY WISE LIST OF  CASES

S.NO.
FILE NO.
NAME OF THE COMPLAINANT
CATEGORY
1
4/1305/2016-WEL/CD
SH. NAMDEV PANDIT V/S POLICE
I
2
4/1327/2016-WEL/CD
MS. SABHANA V/S NDMC
I
3
4/1367/2016-WEL/CD
SH. KALICHARAN V/S NDMC
I
4
4/1382/2016-WEL/CD
MS. SABHANA V/S NDMC,POLICE
I
5
4/1393/2016-WEL/CD
SH. VIJAY KR. V/S NDMC
I
6
4/1602/2017-WEL/CD
SH. RAM SHABA V/S POLICE
I
7
4/1601/2017-WEL/CD
SH. NISATH JAN SEVA TRUST V/S NDMC
I
8
4/1396/2016-WEL/CD
SH. VIJAY KUMAR V/S NDMC
I
9
4/592/2014-WEL/CD
SH. VIJAY KUMAR V/S NDMC
I
10
4/782/2014-WEL/CD
SH. KISHAN SINGH V/S NDMC
I
11
4/1142/2015-WEL/CD
SH. RUBY KUMARI MISHRA V/S NDMC
I
12
4/1421/2016-WEL/CD
SH. VIJAY KUMAR V/S NDMC
I
13
4/1442/2016-WEL/CD
SH. VIJAY KUMAR V/S NDMC
I
14
4/1437/2016-WEL/CD
MS. MATHURA BAI & ANR.V/S NDMC
I
15
4/988/2015-WEL/CD
MS. MATHURA BAI V/S NDMC
I
16
4/871/2015-WEL/CD
SH. PRITAM SINGH V/S NDMC
I
17
4/1390/2016-WEL/CD
SH. DHARMENDRA KUMAR PANDEY V/S
NDMC
I
18
4/1257/2016-WEL/CD
SH.NARESH PAHARIA V/S SDMC
I
19
4/1082/2015-WEL/CD
MOHD MUNNA KHAN V/S SDMC
I
20
4/786/2014-WEL/CD
SH. RAMKISHAN SAHU VS SDMC & DELHI POLICE
I
21
1(427)/Grv./13-14/CD
SH. RAMKISHAN SAHU VS DDA & POLICE
I

22
4/1293/2016-WEL/CD
SH. VIJAY KUMAR V/S NDMC
II
23
4/1448/2016-WEL/CD
MISS INDERJEET KAUR V/S LNJP HOSPITAL
II
24
4/1568/2017-WEL/CD
SH. AVINASH SINGH V/S SDMC
II
25
4/1452/2016-WEL/CD
SH. RAJ KUMAR V/S EDMC
II
26
4/1141/2015-WEL/CD
SH. DHARMENDRA KUMAR PANDEY V/S
NDMC
II
27
4/1404/2016-WEL/CD
SH. ARUN KUMAR THAKUR V/S NDMC
II
28
4/1397/2016-WEL/CD
MS. LAXMI V/S NDMC
II
29
4/1414/2016-WEL/CD
SH. DULARE LAL & SONS V/S NDMC
II
30
4/900/2015-WEL/CD
SH. AMIT KUMAR V/S NDMC
II
31
4/962/2015-WEL/CD
SH. BANKEY LAL V/S SDMC
II
32
4/1370/2016-WEL/CD
MOHD. NAWAB ALI V/S SDMC
II
33
4/1156/2015-WEL/CD
SH. DASRATH THAKUR V/S SDMC
II
34
4/1465/2016-WEL/CD
MS. DHAPA DEVI V/S SDMC
II
35
4/1212/2016-WEL/CD
SH. DEEPAK KUMAR V/S SDMC
II
36
4/1381/2016-WEL/CD
SH.SUNIT KUMAR V/S SDMC
II
37
4/804/2014-WEL/CD
SH. DHAPA DEVI V/S NDMC
II
38
4/1027/2015-WEL/CD
SH. VIJENDER KUMAR V/S NDMC
II
39
4/690/2014-WEL/CD
SH. DEVENDER SINGH ANAND V/S SDMC
II
40
F.1/270/GRV/11-12/CD
SH. DEVENDER SINGH V/S SDMC
II

41
4/1309/2016-WEL/CD
SH. BANKEY LAL PRASAD V/S NDMC
III
42
4/1315/2016-WEL/CD
SH. SHYAM SARAN V/S NDMC
III
43
4/1317/2016-WEL/CD
MS. MADHU DEVI V/S NDMC
III
44
4/1134/2015-WEL/CD
SH. RAKESH S/O SH.HARI LAL V/S NDMC
III
45
4/1109/2015-WEL/CD
SH. BIRENDER V/S SDMC
III
46
4/1144/2015-WEL/CD
MOHD. GULFAM ALI V/S SDMC
III
47
4/1146/2015-WEL/CD
MS. RINKI KUMARI V/S SDMC
III
48
4/1468/2016-WEL/CD
SH. RAM BABU YADAV V/S SDMC
III
49
4/1343/2016-WEL/CD
SH. RAM KR. KUSHWAHA V/S NDMC
III
50
4/1508/2017-WEL/CD
SH. AJAY SINGH V/S SDMC
III
51
4/1545/2017-WEL/CD
SH. VINOK KUMAR V/S EDMC,POLICE
III
52
4/1573/2017-WEL/CD
SH. RAJESH KUMAR V/S EDMC
III
53
4/1543/2017-WEL/CD
SH. RAVI KUMAR V/S SDMC
III
54
4/1482/2016-WEL/CD
SH. SHANKER V/S NDMC
III
55
4/1417/2016-WEL/CD
SH. JITENDER KUMAR V/S NORTH MCD
III



REFERENCE:

              I.        Street vendors who were doing street vending on or before 13.09.2013 and are aggrieved by improper treatment and indignified handling by the enforcement officials of the concerned corporation/ council and the police, imposition of heavy amount of fine, delay in release of confiscated goods, etc;
            II.        Persons with disabilities who were  not allotted kiosks / licence etc. and not able to do street vending due to various reasons including the apathy of the concerned officials even though they had applied for licence much before 13.09.2013 and were also eligible for  it;
           III.        Persons with disabilities who have applied after 13.09.2013 or there about and need to be considered by the respective Town Vending Committees.


No comments:

Post a Comment