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
Phone-011-23216002-04,
Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/1628/2017-Wel./CD/4045-47 Dated:31.01.2018
Smt. Ruby Mishra
Shop No-8, Bangla Sahaib Gurudwara,
VMCA, New Delhi-110001 ……................ Petitioner
Versus
The Chairman,
New Delhi Municipal Council,
Palika Kendra Parliament Street,
New Delhi-110001 ...………...…Respondent No.1
Head Granthi
Bangla Sahib Gurudwara
YMCA, New Delhi-110001 ………………Respondent No. 2
Date of Hearing 24.01.2018
Present: Smt.
Ruby Mishra, Complainant.
Mr. N.L. Chawla, Jt.
Director (Enforcement), Ms. Harmeet Kaur, Advocate
on behalf of the respondent No. 1 and 2 respectively.
ORDER
The above
named complainant, a person with 52% locomotor disability vide her complaint
dated 04.05.2017 submitted that she is a social worker and she sells Tea, Bread
Pakora on a small space at Bangla Sahib Gurudwara near YMCA. The respondent no. 2 causes obstruction and
she is being harassed for the last one year and gets her articles removed. She is also threatened of police action. The complainant also alleged malpractice and
added that the small shop is the only source of her livelihood. She has further submitted that many other
people sell items from that area which belongs to NDMC. While they are not disturbed, she is being
harassed although she has a written order of Chairman, NDMC.
2. The complaint
was taken up with the respondents vide notice dated 03.07.2017. Respondent No. 2 vide reply dated 03.07.2017 denied
the allegations and submitted inter-alia that there are illegal constructions
around the site of the Gurdwara. Bad
elements assemble near the shop and create nuisance for the visitors. They are also using gas cylinder which is
hazardous for the pilgrims visiting Gurudwara every day. The Complainant has also occupied an area in
an unauthorised manner. Therefore, a
letter was sent to the Chairman, NDMC and was approached for removal of the
encroachment. If the encroachment was
not stopped the whole area including the Toilet Site of the Gurudwara would be
occupied by unauthorized occupants. DSGMC and Gurudwara Rakab Ganj Sahib is
receiving complaints all the time even from High Dignitaries and Advocates etc.
who are visiting the Gurudwara regarding obstruction and nuisance created by
unauthorized occupants.
3. Respondent No.
2 further submitted that the Rights of Persons with Disabilities Act, 2016
under which the complaint has been filed by the complainant, no where mentions that
the persons with disabilities will occupy the public premises, open shop and
start business in an unauthorized manner. The complainant is approaching this Court for
sympathy and she may not be allowed to run the tea shop near Gurudwara. There is no threat by Gurudwara Head
Granthi for taking away the shop material of the complainant and deprivation of
the rights of persons with disabilities.
4. During the
hearing on 24.01.2018, the complainant stated that she continues to sell the
items from her stall. However, the
Health and Enforcement Department of NDMC had taken away her articles and
imposed heavy fine, which should be reduced.
5. The Ld. Counsel
for respondent no. 2 reiterated the written submissions and added that the Head
Granthi of Bangla Sahib Gurudwara, Gyani Ranjeet Singh has not removed any
items of the vendors including the complainant.
Gurdwara is concerned only about safety and security of the visitors.
6. The
representative of NDMC submitted that Govt. of NCT of Delhi has given clearance
for constitution of the Town Vending Committee (TVC) and a meeting has been scheduled
on 24.01.2018 for implementing the orders of the GNCTD. Once the TVC is constituted, the matter of
the vendors with disabilities in NDMC area will be decided early by the TVC.
7. The issues
concerning the plight of vendors with disabilities in the NCT of Delhi have
been discussed while disposing of the
complaints of a large number of persons with disabilities in case No.
4/1233/2016-Wel/CD. Vide order dated
27.07.2017 in that case, one of the recommendations of this court is that
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 items.
8. It is observed
that the complainant applied for Tehbazari site vide application dated 30.11.2007
and has been vending since the year 2000.
She is thus, covered under para 5(i) of the said order dated
27.07.2017. Therefore, as recommended in
that order, she should not be disturbed and allowed to earn her livelihood by
selling various articles. A copy of the order dated 27.07.2017 is enclosed with
order for ready reference.
9. It is also
observed that the complainant is in the list of 100 persons with disabilities
who have applied for certificate of vending in NDMC area. It is expected that TVC will decide her case
considering her disability and gender.
10. The complaint
is disposed off accordingly.
11. Given under my
hand and the seal of the Court this 31st day of January, 2018.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
Encl: Copy of order dated 27.07.2017
No comments:
Post a Comment