Case Summary
SPECIAL SCHOOL FOR STUDENTS WITH BLINDNESS; PROPERTY DISPUTES BETWEEN MEMBERS OF MANAGING COMMITTEE- Complainant, a person with blindness approaches Commissioner Delhi Police with copy of complaint also to this court alleging misuse of the school premises
Order Judgement
SPECIAL SCHOOL FOR STUDENTS WITH BLINDNESS; PROPERTY DISPUTES BETWEEN MEMBERS OF MANAGING COMMITTEE- Complainant, a person with blindness approaches Commissioner Delhi Police with copy of complaint also to this court alleging misuse of the school premises
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. 4/1491/2016-Wel/CD/1572-1574 Dated: 23.08.2017
In the
matter of:
Sh. G.S. Rathore,
530,Sector-1, Vaishali,
Ghaziabad, Uttar Pradesh-201010. .……… Complainant
Versus
The Deputy Commissioner of Police,
(New Delhi District),
Delhi Police, Police Station, Parliament Street,
New Delhi-110002. …...…Respondent No. 1
The Director,
Directorate of Education,
Old Sectt., Civil Lines,
Delhi-110054. ……… Respondent No. 2
Date
of hearing: 18.08.2017
Present Sh. G.S. Rathore, Complainant.
DharmendraKumar,S.I.
on behalf of Respondent No. 1.
ORDER
The
above named complainant,a person with blindness vide his letter dated
09.12.2016 addressed to the Commissioner, Delhi Police with a copy to the
Commissioner for Persons with Disabilities among others submitted that the Institute for the Blind at
Punchkuian Road is providing free education, boarding and lodging to its blind
students since 1947. The Institute is a
registered Society and its daily affairs are being looked after by the Managing
Committee. Sh. BansiLal Sharma along with Sh. B.M. Upreti have started misusing
the Institute’s property for their personal financial gain. They submitted wrong affidavit in Patiala House
Courts claiming that the plot measuring 300 sq. yards belongs to Sh. B.L.
Sharma. He requested that an FIR should be lodged at the earliest and criminal
action should be taken against them.
2. The matter was taken up with the
respondent vide communication dated 28.12.2016 followed by reminders dated
06.02.2017 and 27.02.2017.
3. Dy. Commissioner of Police, New Delhi
District vide his letters dated 20.02.2017 & 17.03.2017 inter-alia informed
that during the course of inquiry, it was revealed that there is property
dispute between Sh. B.M. Upreti and other members of Managing Committee. He was running a business of tent house and
caterers from the premises of AndhVidyalaya which was let out to him by the
Managing Committee in 2003. On 09.05.2016, it was decided that Sh. Upreti would
vacate the premises within four months.
A suit filed by Sh. Upreti before the Hon’ble Ms. Rekha, ADJ, Patiyala House
Court, New Delhi was dismissed as withdrawn vide order dated 09.09.2016. The Police was yet to examine the complaint
regarding possession of the premises. The
Police also served a notice on 03.03.2017 to Sh. G.S. Rathore for some
information regarding papers relating to ownership of land/building/properties
etc. in question. Sh. Rathore asked for
more time to provide the same. Therefore
the Police sought some more time to conclude the inquiry.
4. Respondent No. 2. also informed vide
letter dated 17.03.2017 that the inquiry of the case was under process and the
report will be submitted within 15 days.
5. As there was no communication from
the parties, a hearing was scheduled on 18.08.2017.During the hearing the
representative of the respondent No. 1, submitted a report dated 18.08.2017 as
per which on 19.05.2017, a letter from the complainant was received wherein it was
mentioned that on 11.01.2017 a meeting was held between Sh. Upreti and the
complainant in the presence of some other persons. After the meeting Sh. Upreti has removed all
the goods and material from the plot in question and the Institute for the
Blind has taken over the possession of plot.
The complainant confirmed to the Police that he has no complaint related
to the said plot and he does not want to proceed further in the matter.
6. The complainant also submitted a
letter dated 17.08.2017 vide which he has requested that Sh. BansiLal Sharma
and Sh. Brij Mohan Upreti may also be made party in the matter of grabbing the land of the Institution for the
Blind.
7. As the issue involved in this case
has already been resolved to the satisfaction of the complainant as submitted
by the respondent no. 1 and confirmed by the complainant during the hearing, no
impleadment of any other person will be of no consequence.
Hence the case is closed and
disposed off accordingly.
Given
under my hand and the seal of the Court this 23rdday of August,
2017.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
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