Case Summary:
Babu
Lal vs. The Commissioner, North Delhi Municipal Corporation
Accommodation: Complainant
in an earlier case was assured the he would be allotted government
accommodation, but this has yet to be done. During the course of the
proceedings, the Respondent’s representative informed that a quarter had been
allotted to the complainant on 27.07.17. Complainant submitted that the
allotted flat was in need of maintenance work. Court asked the complainant to
make a request to the competent authority for necessary maintenance, and to
ensure that no discrimination would be meted out to the complainant. Complaint
closed in light of allotment of quarter.
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/ 1471/2017-Wel/CD/1452-53 Dated: 04.08.2017
In the
matter of:
Sh. Babu Lal,
NDU Co-educational School, North MCD,
Timarpur, Delhi-110054. .……… Complainant
Versus
The Commissioner,
North Delhi Municipal Corporation,
Civic Center,
New Delhi-110002.
…...…Respondent
Date
of hearing: 04.08.2017
Present Sh. Babu Lal,
Complainant.
Sh.
M.A. Rehman, Addl. Dy. Commissioner and Sh. S.K. Bhardwaj on behalf of
Respondent.
ORDER
The
above named complainant a person with 62% locomotor disability vide his
complaint dated 23.11.2016 submitted that Sh. Rajesh Dogra, Supdt.(L&E) on
behalf of respondent assured the then Commissioner for Persons with
Disabilities on 07.10.2015 that he would be allotted govt. accommodation as
soon as possible. Based on the said
assurance, his complaint No. 4/806/2014-Wel/CD was disposed off vide order
dated 07.10.2015. However, he has not
been allotted the quarter till date.
2. The matter was taken up with the
respondent vide communication dated 14.12.2016. The respondent vide letter dated 29.12.2016
informed that the Allotment Committee considered the complainant for allotment of municipal staff
accommodation. However, as there was no
vacancy as per his option in Bangalow Road, Kamla Nagar and Dhaka, he would be
considered when sufficient vacancies exit.
3. The complainant vide his letter dated
23.01.2017 informed that he had not been allotted quarter. Thereafter an action taken report was sought
from the respondent followed by a hearing.
4. During the hearing on 04.08.2017, the
representative of the respondent informed that the complainant has been
allotted type-III quarter at Nimri Colony
on 27th July, 2017.
The complainant confirmed the allotment and added that some maintenance
work needs to be carried out in the quarter, where after he would take
possession of the flat. The representative
of the respondent submitted that due to the financial constraints, Commissioner
is the competent authority to sanction the budget for maintenance work for the
allotted quarters. The complainant may make
a request to the competent authority where after the necessary maintenance
would be carried out as in other cases. It would be ensured that no
discrimination would be meted out to the complainant.
5. As the complainant has been allotted
the quarter against the 5% quarters reserved for persons with disabilities,
etc., the complaint is closed and disposed of accordingly.
Given under my hand and the seal
of the Court this 4th day of August, 2017.
(T.D. Dhariyal )
State Commissioner for Persons with Disabilities
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