In
the Court of Commissioner for Persons with Disabilities
National
Capital Territory of Delhi
25- D,
Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-23216002-04,
Telefax: 23216005
[Vested
with power of Civil Court under the Persons with Disability (Equal Opportunity,
Protection of Rights and Full Participation) Act, 1995]
Case No.
4/1690/2017-Wel./CD/ 3413-14 Dated: 15.12.2017
In the matter of:
Sh. Hakim Singh,
R/o C1/384, Gali No.-19.
Harsh Vihar, Delhi-110093. ……………
Complainant
Versus
The Commissioner,
East Delhi Municipal Corporation,
419 Udyog Sadan,
Patparganj Industrial Area,
Delhi-110096.
……...…Respondent
Date of
Hearing : 13.12.2017
Present: Sh. Hamim Singh, Complainant
Sh. A.K. Singh, Asstt. Commissioner, Sh.
Deepak Panchal, Licensing Inspector on behalf of EDMC.
ORDER
The above named complainant, a
person with above 40 % locomotor disability vide his complaint dated 28.02.2017
received from Office of the Chief Commissioner for Persons with Disabilities
vide letter dated 12.07.2017 submitted that he is a poor person with
disability. He was allotted a Chalta
Firta PCO by Delhi Government financed by the Delhi SC/ST/OBC, Minorities and
Handicapped Development Corporation Ltd. in 2004.
He was being troubled by East Delhi Municipal Corporation (EDMC)
Officials and requested to intervene and ensure that he was allowed to ply his
PCO booth and make his living from the same.
2. The complaint was taken up with
the respondent vide communication dated 22.08.2017 followed by reminder dated
31.10.2017. As there was no response
from the respondent, a hearing was scheduled on 13.12.2017.
3. During the hearing on 13.12.2017,
the complainant reiterated his written submissions and added that the mobile
PCO booth which was seized, has since been released after payment of requisite
fine. However, he is not able to operate
and conduct any business for the last three months. Thus, he has been deprived of his livelihood
and he requested for immediate relief.
4. The representatives of the
respondent filed a written submission dated 13.12.2017 which reads as under:
“It is stated that the issue has been examined and it has been found
that Sh. Hakim Singh was selling tobacco items at the exit gate of Anand Vihar
Bus Terminal. Hon’ble High Court of Delhi had directed EDMC in WPC No. 1346/2015
and CM 35024/2016 dated 02.02.2017 regarding alarming level of Air Pollution at
Anand Vihar and its surrounding area to conduct massive encroachment removal
drive and to remove all the encroachments from Anand Vihar Bus terminal,
footage bridge and its adjoining areas with the assistance of local Police. In
compliance of the above directions
issued by the Hon’ble Court massive encroachment removal programmes were
carried out at Anand Vihar in the supervision of sh. A.K. Singh, Asstt.
Commissioner of the area.
During the programme, all temporary encroachments
were removed from footpath, service roads and foot over bridge at Anand Vihar
Bus Terminal between entry and exit point of ISBT, Anand Vihar, Delhi except
members of case no. W.P. (C) No. 5617 of 2016 titled as “Mahila Howkers Vs DM
Shahdara and Others” wherein Hon’ble
High Court of Delhi has directed not to take any coercive steps against the
members of the petitioner / association.
It is submitted that the complainant sh. Hakim
Singh was not a petitioner in the above case.
Moreover, he was not sitting at the permitted stretch. He was an unauthorised hawker /vender in
Anand Vihar Area. He used to sale gutka,
bidi and other tobacco items in front of Anand Vihar Railway Station exit gate
in his vehicle/van. His vehicle / van
was standing on the metalled road causing traffic congestion leading to air pollution. He was always creating hindrance in
Departmental Encroachment removal drive and create nuisance.
In view of the above it is stated that Sh. A.K.
Singh, Assistant Commissioner was discharging his duties and allegations of Sh.
Hakim Singh is fabricated, false and baseless and hence it is requested that
the above Show Cause Notice may be dropped.”
5. The representatives of the
respondent also showed a recorded video showing the complainant lying under the
tyre of a truck during one office encroachment removal drive. Sh. A.K. Singh,
Assistant Commissioner added that the drive to remove the encroachment from the
area is a continuous process in compliance with the directions of Hon’ble High Court and it is not possible to allow the
complainant to operate his mobile PCO
booth. Only those persons who
were the petitioners in the above mentioned W.P. before the Hon’ble High Court
have been allowed to do squatting in the earmarked area a sketch of which is mentioned
in the said Order dated 31.01.2017.
6. The complainant, who is a person with
disability states that he has no other source of livelihood and he himself used to conduct the business
through that mobile PCO booth, which the representative of the respondent
confirmed to have seen him selling items himself. Considering his situation, merely because the
complainant was not the one of the petitioners before the Hon’ble High Court,
he should not be deprived of his only source of livelihood and the concerned
authorities should consider his case with compassion.
7. In the light of the above, the
respondent is advised to allow the complainant squat from his mobile PCO booth
which was allotted to him by the Govt. of NCT of Delhi in 2004, from a spot within the identified area. The complainant assures that he will not sell
any restricted items and will peacefully earn his livelihood.
Sh. Deepak Panchal, Licensing
Inspector, EDMC will identify by 18th December, 2017 the spot where
the complainant can put his mobile PCO booth
and the complainant can start his business from the said date. An ATR be submitted to this Court by 22.12.2017. The ATR can also be submitted through email at comdis.delhi@nic.in.
8. The complaint is disposed of in
terms of the above advice / directions.
Given
under my hand and the seal of the Court this 15th day of December, 2017.
(T.D. Dhariyal )
Commissioner for Persons with
Disabilities
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