Deepit Satish Jain Vs. Commissioner, South Delhi Municipal Corporation & Anr. | Case No. 94/1141/2018/01/7097-7101 | Dated: 04.05.2018

In the Court of the 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. 94/1141/2018/01/7097-7101                    Dated: 04.05.2018

In the matter of :

Sh. Deepit Satish Jain

D-61, Ground Floor

Hauz khas New Delhi -110016

……………..Complainant

Versus

The Commissioner

South Delhi Municipal Corporation

Dr. S.P.M. Civic Centre

J.L.N. Marg, New Delhi-110002

…………………Respondent No.1

Vice Chairman

DDA, Vikas Minar, I.P. Estate,

Delhi

………………Respondent 2

Case No. 159/1141/2018/03/                                              

In the matter of :

Smt. Anju Gupta

M/o Sh. Akash Gupta

S-165, School Block

Shakarpur, Delhi -110092

...............Complainant

Versus

The Commissioner

East Delhi Municipal Corporation

419, Udyog Sadan

Patparganj Industrial Area

Delhi -110092.                                          ………………Respondent No. 1

Present: Ms. Anju Gupta, Complainant.

Sh. Ashutosh Nandan Atrey, Adovcate on behalf of DDA, Respondent No. 2 and Sh. Manish, AE, SDMC on behalf of Respondent No.1.

ORDER

          Issues involved in the above mentioned two complaints are identical. Therefore, both the cases are being considered and disposed off through this common order.

Case No. No. 94/1141/2018/01

The complainant, a person with 100% visual disability vide his complaint received through his email dated 29.01.2018 under the Rights of Persons with Disabilities, Act 2016 hereinafter referred to as an Act, submitted that he is a qualified professional as a Sound Engineer and is also trained as a professional musician (Tabla and Solo Piano). He is carrying on his profession of sound engineer by providing professional support to documentary film makers and media professionals through “Delhi Sound Store”from the premises at E-13 (Basement), Hauz khas Main Market, New Delhi for the last 3 years. He employed 6 staff members and has paid “Income Tax” of Rs 15.29 lakh for the assessment year 2017-2018. The complainant has also stated that he is a National Awardee for outstanding performance as a role model among persons with disabilities. Even after accepting the user-conversion charge of Rs. 33,00,000/- by SDMC, the “Delhi Sound Store” was sealed on the afternoon of 22.01.2018 without giving the complainant any notice or prior intimation. This has prevented him from earning his livelihood from his profession and pay the salary to his employees. The complainant  therefore requested to deseal the “Delhi Sound Store” operating out of E-13 (Basement), Hauz Khas Main Market, New Delhi-110016 and let him carry on his professional activities.

2.      The complaint was taken up with the South DMC vide notice dated 01.02.2018.

Case No. 159/1141/2018/03 :

3.         Smt.  Anju Gupta, whose son Shri Akash Gupta is a person with 75% intellectual disability filed a complaint dated 15.03.2018  under the   Act.  She has submitted inter- alia that she has erected an office for her son in the basement parking of the building whose map was approved by the EDMC and now EDMC has sealed the office on 06.03.2018. She has also submitted that her son who has low intellect broke the seal.  The complainant has requested to deseal the office (Basement parking) to exempt her intellectually impaired son to  let him carry out some activity in the said office.

4.      The complaint was taken up vide Show Cause-Cum-Hearing Notice dated 20.03.2018 and was scheduled for hearing on 22.02.2018 along with case No. 94/1141/2018/01.

5.      During the hearing on 22.03.2018, Sh. Deepit  Satish Jain submitted copies of various judgments.  Referring to the United Nations Conventions on the Rights of Persons with Disabilities and various provisions of the Rights of Persons with Disabilities Act, 2016, he  stated that the persons with disabilities are not getting equal treatment in various aspects of life.  He further submitted that the Master Plan for Delhi- 2021 (MPD-2021) does not include the vocational activities that many persons with disabilities like him pursue for their livelihood.  He contended  that Divyangjan should be made a separate and special category to carry on his / her vocational activity, which should  be included in the MPD-2021.  It will help many persons with disabilities to earn their livelihoods in a legitimate manner and dignity.  It will also enable their full inclusive and effective participation in the society. He therefore, requested that appropriate authorities be directed for taking corrective measures and necessary amendments in MPD -2021  should be made to permit persons with specified disabilities to earn their livelihoods by using their skills from the place of residence in plotted development and Group Housing etc.  This exception is fully justified as it is extremely difficult for persons with disabilities, especially those with severe disability,  to travel long distance.

6.      The SDMC  vide status report received dated 22.03.2018 submitted as under:

“That, in connection with aforesaid matter, it is submitted that in the wake of orders dated 15.12.2017 passed by Hon’ble Supreme Court of India (reviving Monitoring Committee to oversee matter related with misuse) in the matter of M.C. Mehta v/s UOI & Ors., in WP(C) 4677/1985, sealing drive against misuse or property being used in contravention/ violation of sanctioned/ standard plan is going on.
 During the course of sealing action, as was scheduled for 22.01.2018, it was noticed that premises under reference is being used for commercial purpose, in the name and style of M/s Delhi Sound Store.  Accordingly, on account thereof there affixed seal.  It is further submitted that as on now, the permitted/sanctioned use of the basement is only for storage of domestic/household goods.  Thus, in terms of orders dated 15.12.2107, it is discretionary powers of the Monitoring Committee (Apex Court) to order de-sealing of the premises after due consideration.” 

7.      The complaints involved de-sealing of the sealed premises to enable Sh. Deepit Jain and Sh. Akash Gupta to restart their vocational activities to earn their livelihoods immediately and  making  a separate provision for persons with disabilities in MPD -2021 to permit them to carry on their vocational activities from their premises. Vice Chairman, DDA was, therefore,  impleaded as respondent No. 2 and was requested to submit DDA’s version and para-wise comments by 23.04.2018 on the complaints  and to consider the suggestion of the complainant in case no. 94/1141/2018/01 to amend MPD-2021.          As the question of de-sealing of sealed premises is under the purview of the Monitoring Committee (Apex Court), a copy of the record of proceedings was forwarded to the Coordinator, Monitoring Committee for the Committee’s consideration. 

8.      During the hearing on 03.05.2018, the learned Counsel for DDA vide order dated 06.03.2018  stated that further progress in the amendment of the Master Plan has been stayed by Hon’ble Supreme Court vide record of proceedings dated 06.03.2018 in W.P.(Civil) Petition No. 4677/1985.  Therefore it is not possible to consider the suggestion to make a separate provision in MPD 2021 at this stage for persons with disabilities put forth by Sh. Deepit Satish Jain, the complainant  in case No. 94/1141/2018/01. 

9.         The representative of the South DMC submitted that there is nothing to add to the status already submitted vide report dated 22.03.2018 and that South DMC has no power to deseal the premises. 

10.    In light of the fact that while highly qualified professionals are permitted to carry on their profession from their residence not allowing  persons with disabilities to carry on their vocational activities to  earn their livelihoods from their residential premises would be discriminatory and against the spirit of the Act, which talks of promotion of vocational training and self employment.   This explains why there is a need to consider persons with disabilities as a separate category (Divyangjan) and allow them to carry on their livelihood activities based on their vocational skills from their residence in a peaceful manner.

11.    In the facts and circumstances of the above cases, the complainants may approach the Coordinator, Supreme Court Monitoring Committee, Apex Court for the purpose of de-sealing their premises.  As regards, considering  persons with disabilities as a separate category in the MPD- 2021  and to allow them to carry on their livelihood activities based on their vocational skills from their residence in plotted development and group housing to live a dignified life,  it is recommended that DDA should consider it whenever  the said plan is amended or re-drawn.  It will be desirable to consult  / involve some persons with disabilities who may be pursuing their vocational skills for  earning their livelihoods.

12.    The complaints are disposed off.

13.    Given under my hand and the seal of the Court this 4^th day of May, 2018.

 (T.D. Dhariyal )

                                State Commissioner for Persons with Disabilities