Case Summary:
Dr. Nitesh Tripathi Vs. The
Commissioner, NDMC & Another
Accessibility:Complainant
submitted that the respondents hadn’t filed a case for not providing an
accessible road to Kamal Vihar and requested to order an access audit of the
road by deputing an officer to the Court. After communications, respondents
submitted that the road in question does not fall under the jurisdiction of the
NDMC or the PWD and that the I&FC Department is responsible for its’
construction and maintenance.
Recommendations:
I&FC Department is advised to ensure proper accessibility wherever they
construct/maintain civic road facilities. Complainant is advised to take up the
matter with the concerned authorities and contact the Court in case of any
further infringement of his rights.
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. 4/1302/2016-Wel/CD/ 2235-38 Dated: 06.10.2017
In the matter of:
Dr. Nitesh Tripathi
H.No. 241, Gali No. 11,
B-Block,
Sant Nagar, Burari,
Delhi-110084. …………..Complainant
The Commissioner, The
Engineer-In-Chief,
North Delhi Municipal Corpn. Public
Works Deptt.,
Dr. S.P.M. Civic Centre, GNCT
of Delhi,
New Delhi-110002. 12th
Floor, MSO Building,
....Respondent No.1 IP Estate,
New Delhi-110002.
………….Respondent 2
Date of Hearing : 29.09.2017
Present : Dr. Nitesh Tripathi,
Complainant.
None for respondent.
ORDER
The above named complainant, a
person with locomotor disability vide his email
dated 05.07.2016 submitted that the Public Works Deptt.(PWD) and North
Delhi Municipal Corporation (North DMC) have not filed a case for not providing accessible
road to Kamal Vihar, near Chetan Bihari Temple Sant Nagar Burari, Delhi-110084. He requested to order an access audit of the
road by deputing an officer of the Court.
2. The complaint was taken up with the
respondents vide communication dated 19.07.2016 followed by reminders dated 07.10.2016
& 15.11.2017. Thereafter a hearing
was scheduled on 27.12.2016. As none
appeared on 27.12.2016, another hearing was scheduled on 29.09.2017.
3. On 29.09.2017, Sh. Kapil Gupta, Executive Engineer, Civil Lines Zone
and Sh. Y.A. Zafari, Asstt. Engineer, appeared for Commissioner, North DMC and
submitted the status report dated 26.09.2017.
As per the said report, the road in question has been recently
constructed by the Irrigation and Flood Control Deptt.(I&FC). A recent photograph of the road has also been
enclosed. They further added that the area does not fall under the jurisdiction
of North DMC or PWD. As the area is an unauthorised
colony, the I&FC Deptt. is responsible for construction and maintenance of
the road. Thus, no action is required by
the maintenance division of North DMC.
4. In view of the above submissions, there
is no need for an access audit of the area at this stage. I&FC Deptt. is advised to ensure proper
accessibility for movement of persons with disabilities wherever they construct / maintain any road or civic
facilities.
5. The complainant is also advised to take
up such matters with the concerned authorities and in the event such
authorities do not take appropriate action on his complaint and his rights are
infringed, the complaint may then be filed before the Commissioner for Persons
with Disabilities in accordance with the provisions of the Rights of Persons
with Disabilities Act, 2016 and the Rules framed thereunder.
6. The matter is disposed of accordingly.
7. Given
under my hand and the seal of the Court this 06th day of October, 2017.
( T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
Copy to:
Chief
Engineer, I&FC Department, L.M. Bund Office Complex, Shastri Nagar, Geeta
Colony, Delhi.
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