Ashok Kumar Aggarwal Vs. The Chairman, APMC & Anr. | Case No. 102/1083/2018/02/7077-79 | Dated: 03.05.2018

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. 102/1083/2018/02/7077-79                      Dated: 03.05.2018

In the matter of:

Sh. Ashok Kumar Aggarwal,

S/o Late Sh. Suresh Aggarwal,

G-3/52 Model Town-III

Delhi-1100098.                                                       .……… Complainant     

                                                                     Versus

The Chairman,

APMC, New Sabzimandi, Azadpur,

Delhi-110052.                                                       …...…Respondent No.1

The Dy. Commissioner of Police

(North West District),

Police Station Ashok Vihar,

B-3-5, Deep Cinema Road,

Wazirpur, Phase II, Ashok Vihar,

Delhi-110052                                                          ...…..Respondent No. 2

        

ORDER

              The above named complainant, a person with 50% locomotor disability vide his complaint dated 06.02.2018 submitted that he was allotted a booth at D-Block Parking near Shop No. D-403, APMC Azadpur under the quota of persons with disabilities.  The Officials of the APMC removed his booth in his absence.  A number of persons whom the complainant named threw away his booth and he filed a complaint in Police  Station  Mahindra Park on 24.07.2017 but no action was taken against the said persons who are very influential.  He requested that he should be returned the items of his booth, Rs. 25000/- and the cost to reset up his booth. 

2.           The matter was taken up with the respondent vide communication dated 07.03.2018.

3.           Respondent No. 1, Dy. Secretary,APMC(MNI), Azadpur vide ATR dated 07.03.2018 submitted as under:

“Allotment of space for telephone booth at D-Block (Behind D-Block) near shop No.D-403, NSM, Azadpur, space measuring 5’X5’ sq. ft. for public telephone booth for eleven month allotted to Sh. Ashok Aggarwal, G-3/52, Model Town-3, Delhi vide this office letter No.F.6/APMC/EHQ/96-97/73 dated 04.03.1998 on nominal licence fee with the following terms and conditions:-
1.    That the licence fee shall be paid in advance quarterly @0.75 paisa, per sq. ft. Per month.
2.    That the licence fee may be enhanced at any time by this market committee.
3.    In case of any encroachment near the telephone booth the allotment of space may be cancelled without any notice.
4.    That this shall not be construed as tenancy.
5.    That no permanent structure shall be made on the allotted space.
6.    A Board indicating the rates of telephone calls of various types should be displayed.
7.    That Sh. Ashok Aggarwal shall run the telephone booth himself.
8.    That the space shall be used for installation of telephones only.
9.    No other trade of F&W etc. shall be allowed on this allotted space.
10. That he shall abide/follow each and every terms and conditions which shall be assigned to him by APMC, Azadpur for running the telephone booth.
11. That allottee shall construct the temporary structure of telephone booth within a month, failing which the allotment made by the committee shall be cancelled.
The said space was allotted for telephone booth initially for the period of 11 months w.e.f. 04.03.1998 to 03.02.1999, it was further extended by the Marketing Committee time to time and the said allotment was valid upto 31.03.2015, please refer to notice No.643/APMC/EM/06/366 dated 22.02.2015 vide which Sh. Ashok Aggarwal directed to deposit licence fee w.e.f. 01.10.2014 to 31.03.2015.The said space for telephone booth was allotted to Sh. Ashok Aggarwal in the year 1998, as per the information available, the said space at that time was lying vacant behind D-Block and no shed was made during that time, hence, the competent authority has allowed to Sh. Ashok Aggarwal in the year 1998 to operate telephone booth, from D-Block, Near Shop No.D-403, thereafter, initially a temporary shed (Chappar) was installed by the APMC at behind D-Block, however, the said telephone booth was not shifted from the existing place.During the year 2014-15 the said temporary shed was got vacated from the all the occupying market functionaries including the complainant telephone booth and a new semi-pakka structure was constructed by the APMC, Azadpur in the year 2015-16.  Thereafter, lemon traders and kissans were allowed to operate from newly constructed shed.
After that Sh. Ashok Aggarwal/complainant was also put his telephone booth at Phar No.1, Newly constructed D-Block Parking Shed, which is meant for unloading of agricultural goods only.  As per the terms and conditions of the sanction letter, the maximum size of telephone booth is permitted upto 5’X5’, but the complainant has installed a telephone booth in the size of 6’3X6.3’ which is bigger than the sanctioned size.            As per the terms and condition No.7 of the letter dated 04.03.1009, Sh. Ashok Aggarwal/complainant shall run the telephone booth himself.  But, he does not operate the said telephone booth itself.            However, some traders protested against him and requested to shift his telephone booth from the Phar No.,1, as they do not have sufficient  space for uploading of agricultural goods at Phar No.1 of D-Block Parking Shed, which is the main object of the sheds.            Therefore, Sh. Ashok Aggarwal was requested to shift his telephone booth from the Phar No.1, D-Block Shed to vacant space which is very near at Phar No.1 and Shop No.D-403.  Accordingly, Sh. Ashok Aggarwal itself shifted his telephone booth at the present place of location of telephone booth.            The main object of the complainant is that he may be allowed to install his telephone booth at Phar No.1 (auction Platform) of D-Block Parking Shed, as all sheds are developed for unloading of agricultural produce.  Hence, we are unable to permit him on the Phar No.1 of D-Block Parking Shed as the all sheds are developed for unloading of agricultural goods only.That any action taken is within the four corners of the Act and policy matter which serves the aims and object of the Act”.

 4.      Vide his letter dated 07.03.2018, the complainant alleged that he was being threatened for filing the complaint before this Court and that the land mafia and the concerned officials of APMC are bent upon displacing him from the spot where his booth was initially located.  A hearing was therefore scheduled on 02.04.2018.  During the hearing, the parties agreed to resolve the matter amicably.  Accordingly, respondent was directed to depute the concerned officials and identify a suitable place which is acceptable to the complainant and the commission agents in the Mandi to enable the complainant to carry out his livelihood activities from the kiosk and to submit a report to that affect duly signed by the complainant by 11.04.2018.

5.      Respondent No. 2 was directed to ensure that action on the complaint dated 22.07.2017 of the complainant addressed to SHO, P.S. Mahindra Park, Delhi was taken and an action taken report   submitted by 11.04.2018.  It was also brought to the notice that Commissioner of Police, Delhi vide circular No. 28/2017 has directed all the Dy. Commissioners of Police to take necessary action to make the IOs aware of the provisions of the Rights of Persons with Disabilities Act, 2016 and to ensure its effective implementation particularly Section 7 of the said Act which pertains to the duties of the Police Officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability.

6.      Vide letter dated 26.03.2018, respondent No. 2, informed that the matter was got enquired through ACP, Shalimar Bagh, North West District, Delhi which revealed that APMC authorities had allotted one STD booth to the complainant which has been removed by APMC authorities themselves. As there was no cognizable offence, the complaint was being transferred to Secretary, APMC for necessary action. 

7.      On the next date of hearing on 24.04.2018, Sh. Naresh Jain, Son-in-law of the complainant, who appeared on his behalf, filed a written submission and stated that as per the order of this court, Sh. S.K. Gupta Dy. Secretary, APMC has given permission to set up the booth at the original place on 21.04.2018 and the complainant is satisfied with the arrangement.

8.      In the light of the positive action by respondent No. 1, the complaint is closed and disposed off accordingly.

9.           Given under my hand and the seal of the Court this 3rd day of May, 2018.

           (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities

Digitally Signed PDF Copy of the Order: