Case Summary:
Narender
Kumar Sharma Vs. District Magistrate (North District)
Miscellaneous: Complainant
submitted that his property has been acquired but that no alternate plot had
been allotted to him despite a lapse of 14 months. After communications, GNCT
submitted that the file had been sent to District (North) for taking further
action, so the matter was taken up with the District Magistrate (North). There
were further submissions from GNCT about the inadequacy of documents submitted,
to which the complainant noted that he had submitted all documents in the
initial stage itself and photocopies thereafter. In view of the age and
locomotor disability of the complainant, the Respondent was advised to decide
the case within 3 months from the date of receipt of the record of proceedings
dated 25-26.05.2016. The Respondent submit an action report on 31.08.17, and
when the Complainant was contacted on the telephone it was confirmed that the
required papers had been received and the complaint was being processed on
priority. Court recommended that the Respondent look into the matter
personally, and brought the provisions of Section 81 of the Rights of Persons with Disabilities
Act, 2016 to the notice of the Respondent.
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/ 1322 /2016-Wel/CD/ 1724-1726 Dated: 06.09.2017
In
the matter of:
Sh. Narender Kumar Sharma,
H.No.3, Gandhi Nagar,
Near Gandhi Ashram Gandhi Road,
Meerut Uttar Pradesh-250002. .………
Complainant
Versus
The District Magistrate,
North District,
Alipur, New Delhi-110036. …...…Respondent
Date of hearing:
13.02.2017, 19.05.2017,
31.08.2017
Present None.
ORDER
The above named complainant
stated to be a person with 75% locomotor disability and a native of district
Meerut vide his complaint dated 20.04.2016 addressed to the Chief Commissioner
for Persons with Disabilities who forwarded the said complaint to this Court
vide letter dated 13.06.2016, submitted
that his land at Prahladpur Bangar
reference No. F.33(77)/34/203-L&B/Alt./22676 of Public Information
Officer / Dy. Secretary (Task Force), Land & Building, Alternative Branch
Task Force-1003, Vikas Bhawan, New Delhi had been acquired. He had submitted all the documents sought by
the concerned Departments. Despite lapse
of nearly 14 months, no action on his application for allotment of alternative plot
had been taken. He further submitted
that he is a person with disability and senior citizen and has to face a lot of
difficulties in travelling from place to place.
2. The complaint was taken up with
the Secretary, Land and Building, GNCT of Delhi vide communication dated
01.08.2016. Dy. Secretary, Task Force
Branch, Land & Building vide his letter dated 08.08.2016 informed that the
case of the complainant was placed before the Recommendation Committee on
26.06.2014 and 31.12.2014 and thereafter in compliance of the decision, GNCT of
Delhi vide order No. Misc./VIP Ref./2015/23140-58 dated 23.02.2016, the file
No. F. 33 (77)/34/2003/L&B/Aly (draft Sr.No. 1003) had already been sent to
District North for taking further necessary action. Hence no action was pending on the part of
that office. After exchange of a number
of correspondence between the Office of Commissioner for Persons with
Disabilities and the Land and Building Department, the matter was taken up with
the District Magistrate, North District and a hearing was scheduled on 13.02.2017.
None appeard on behalf of District Magistrate (North).
3. On the next date of hearing on
19.05.2017, Sh. R.K. Sharma, S.O. who
appeared on behalf of the respondent submitted that the file of the complainant
had been received from the Land and Building Department. After scrutiny of the file of the complainant
a deficiency memo dated 13.12.2016 was issued to the complainant. The required
documents have not been placed in the file.
He further submitted that the Land and Building Department has not
provided the staff for processing the cases and therefore, the Office of
District Magistrate (North) is not able to process the file further. As soon as
the staff is posted, the cases including that of Sh. N.K. Sharma will be
processed as per the directions of Hon’ble High Court of Delhi and as per his
seniority in the list, which is 185. On the given telephone of the complainant,
his son responded. He informed that the complainant was not in a position to
travel. However, all the documents had
been provided to the respondent’s office. He was advised to arrange a skype
meeting with his father on the next date of hearing if possible.
4. It is seen from the case file
that the the complainant had submitted two sets of papers in the Office of the SDM (Alipur), District Magistrate (North)
Office on 10.01.2017. A set of the same was
handed over to the representative of the respondent during the hearing on
19.05.2017.
5. It was also observed from the
papers in the case file that the Land and Building Deptt. had asked the
complainant to submit certain documents on 09.02.2015 and according to the
complainant he had submitted all the documents at the initial stage itself and
subsequently the photocopies thereof were also submitted on 14.02.2015. Thereafter, the Land and Building Deptt.
(Task Force Branch) informed him that his case had been sent to District
Magistrate, District North.
6. In the light of the statement of
the complainant that he is a senior citizen with locomoter disability and has been made to run around since 27.03.2003
without any positive outcome, District
Magistrate (North) was advised to decide the case of the complainant within
three months from the date of receipt of
the record of proceedings dated 25-26.05.2016. Secretary, Land and
Building Department was also advised to extend necessary cooperation and help
as the respondent No. 2 had submitted that the Land & Building Department
had not provided staff to the Office of District Magistrate, North for
processing the case. The respondent was directed to submit action taken report on
31.08.2017.
7. On
31.08.2017, none appeared for hearing. The son of the complainant was contacted
on telephone and he informed that he has
again submitted all the documents in the Office of Sh. N.K. Sharma, SDM (HQ),
D.M. (North) Office, Alipur, Near Shraddanand College, Delhi-110036. When Sh. N.K. Sharma, SDM(HQ) was contacted
on telephone, he confirmed that the required papers had been received and the
case of the complainant was being processed on priority. However, due to
transfer of concerned person nobody could attend the hearing. Needless to mention that the complainant has
already waited for long and in the process, has got harassed due to inordinate
delay in allotment of alternative plot of land.
It is recommended that District
Magistrate (North) should look into the
matter personally and ensure that needful is done by 29.09.2017. A report be
submitted to this Court under intimation to the complainant by that 29.09.2017
as three months time for submission of action taken report has already expired.
8. It
is once again brought to the notice of the respondent that Section 81 of the
Rights of Persons with Disabilities, Act 2016 provides that “whenever the State Commissioner makes a
recommendation to an authority in pursuance of clause (b) of Section 80, that
authority shall take necessary action on it, and inform the State Commissioner
of the action taken within three months from the date of receipt of the
recommendation:
Provided
that where an authority does not accept a recommendation, it shall convey
reasons for non-acceptance to the State Commissioner for Persons with
Disabilities within the period of three months, and shall also inform the
aggrieved person”.
9. The matter is disposed of with
the above recommendation.
10. Given under my hand and the seal
of the Court this 5th day of September,2017.
(T.D.
Dhariyal)
State Commissioner for Persons with
Disabilities
Copy
to:-
Secretary, Land & Building
Deptt., Govt. of NCT of Delhi , Vikas Bhawan, New Delhi-110002.
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