Case Summary:
Mohammed
Shabbir Ahmed Khan Vs. The Commissioner, EDMC
Employment: Complainant’s
kiosk was removed by MCD in his absence in June 2010, and the officers of the
MCD on 15.07.10 assured this court that he would be allotted a shop in the near
future but this hasn’t yet happened. He further submitted that he had received
a receipt requiring him to pay Rs. 9000/- on account of encroachment. On
contacting the complainant, he informed the court that he had no problem in
running his kiosk but he requested that he should be given the license for the
kiosk.
As
a large number of persons with disabilities had filed complaints related with
police stopping them from street vending and the case was pending in the High
Court, this Court reiterated recommendations made in an order dated 27.10.17,
ie; (1) Persons with disabilities vending as on 13.09.13 should not be
disturbed and be allowed to continue vending (2) Persons with disabilities who
applied for the vending license but was not granted it should not be denied
vending rights on not being covered by “existing vendors” on 13.09.13, so long
as they can produce proof of application. (3) Functionaries of Municipalities/Cantonment
Board should be sensitized to deal with persons with disabilities, particularly
while seizing and releasing their goods.
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.
4/1616/2017-Wel/CD/1759-60 Dated: 08.09.2017
In the matter of:
Sh.
Mohammed Shabbir Ahmed Khan
A-39,
Gali No. 1, Pahala Pusta,
New
Usmanpur,
Delhi-110053 ................
Complainant
Versus
The
Commissioner
East
Delhi Municipal Corporation,
419,
Udyog Sadan,
Patparganj
Instl. Area,
Delhi-110096 ………...…Respondent
Dates of Hearing: 06.09.2017
Present: Dr. M.L. Sharma, Asstt.
Commissioner, Shahdara, North Zone, Sh. Ritesh Kumar, Labour Welfare Supdt.
Shahdara South and Shahdara North on behalf of Respondent.
ORDER
The
above named complainant, a person with blindness vide his complaint received on
11.04.207 submitted that he is a R/o Khan Pan Masala, Pehla Pushta, Near
Transformer New Usmanpur, Delhi-110053.
In June 2010 he informed this court that his shop (kiosk) was removed by
MCD in his absence. The officers of MCD
on 15.07.2010 assured this court that he would be allotted a shop in near
future. However, he has not been
allotted any shop till date. He further
submitted that on 07.04.2017 someone gave him a receipt which required him to
be present at C-12, Main Yamuna Vihar Road, Maujpur, Delhi to pay Rs. 9000/- on
account of encroachment which is to be deposited within 3 days. The complaint was taken up with the
respondent vide notice dated 06.06.2017 followed by reminder dated
27.07.2017. As there was no response
from the respondent, a hearing was scheduled on 06.09.2017 vide summons dated
28.08.2017.
2. Dr.
M.L. Sharma, Asstt. Commissioner, Shahdara, North Zone and Sh. Ritesh Kumar,
Labour Welfare Supdt. Shahdara South and Shahdara North appeared and submitted
that the details of the case have not so far reached them. However allotments of kiosks, etc. is to be
done as per the recommendation of the Town Vending Committees. The matter is before Hon’ble High Court of
Delhi. A copy of the complaint and the
related papers were handed over to Dr. M.L. Sharma.
3. As
the complainant was not present, he was contacted on his given phone. He submitted that he has gone to his Home
Town in Muzzafarpur, Bihar. He has no
problem in running of his kiosk.
However, he requested that he should be given the licence for the
shop/kiosk.
4. A
large number of persons with disabilities had filed complaints in connection
with harassment by enforcement officials or denial of permission to earn their
livelihoods through street vending. All
those the complaints were disposed of vide order dated 27.07.2017, a copy of
which is enclosed. In view of the fact
that the representation in those cases concerned 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, the following recommendations have been made:
“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.”
5. The
case of the complainant may also be dealt in terms of the above mentioned
recommendations of this Court vide order dated 27.07.2017. The complaint is disposed of accordingly.
6. Given under my hand and the seal of
the Court this 8th day of August, 2017.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
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