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. 127/1083/2018/02/7555-56A Dated: 30.05.2018
In the matter of:
Sh. Krishan Lal,
S/o Late Sh. Sadhu Lal,
H.No.77-A, Gali no.-11,
New Lahore Colony,
Shastri Nagar, Delhi – 110 031. ……….Complainant
Versus
The Commissioner,
East Delhi Municipal Corporation,
419, Udyog Sadan,
Patparganj Industrial Area,
Delhi – 110 092. …………Respondent
Present: Sh. Krishan Lal, Complainant
Respondent : None present
Date of hearing: 25.05.2018
ORDER
The above named complainant, a person with 88% locomotor disability vide his complaint dated 22.01.2018 submitted that he was allowed to run a PCO booth and sell some eatables from a kiosk at DDA Community Centre, New Lahore Colony, Shastri Nagar, Delhi – 110 031 near SDM office. He has 83 years old mother and his father expired when he was a child. He was earning his livelihood through the said PCO/kiosk. On 13.01.2018, EDMC demolished his kiosk and destroyed all the material. He further submitted that he should be allowed to earn his livelihood through the PCO booth so that he can earn his livelihood and be self dependent.
2. The complaint was taken up with the respondent vide notice dated 06.03.2018 followed by a reminder dated 21.03.2018. As there was no response, a hearing was scheduled on 25.05.2018.
3. The respondent neither submitted any reply to the notice nor did any one appear on his behalf on the date of hearing despite summons. The complainant reiterated his written submissions and explained his plight due to destruction of the only means of livelihood. The complainant added that he applied for a PCO booth/kiosk in 2001 vide diary No. 3729-CL&EC dated 14.12.2001. He again applied for PCO booth/tehbazari vide receipt No.123002 dated 13.09.2007 of Central Licensing and Enforcement Cell, MCD, Nigam Bhawan, Kashmere Gate, Delhi – 110 006 under the scheme of MCD for squatters/hawkers. However, he has not been allotted any PCO booth/kiosk till date. During the hearing, complainant also submitted that he is an ITI trained Machinist but due to amputation of his right arm and left arm fingers, he is not able to do the work of his trade. Therefore, it is important that his means of livelihood i.e. the PCO booth is restored. He also submitted that he should be compensated by the EDMC for destroying his PCO booth and the material without any notice and for showing complete insensitivity to him as a person with severe disability.
4. It is a matter of concern that neither any reply was submitted on behalf of Commissioner, EDMC nor did anyone appear.
5. This court vide order dated 27.07.2017 (copy enclosed) in a common order passed on the complaints of a large number of persons with disabilities who had been either doing vending or had applied for allotment of kiosks, recommended the following:
(i) The 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 articles.6. The complainant in this case falls under category (i). Therefore, he should be allowed to earn his livelihood from a kiosk of appropriate size either from the place his booth was displaced and destroyed or from a nearby suitable place. The respondent is directed to intimate this court about the arrangement made in consultation with the complainant by 15.06.2018 failing which it will be presumed that the complainant can set up a kiosk at an appropriate location without obstructing free movement of people/traffic and affecting public order to earn his livelihood.
(ii) Persons with disabilities who fulfilled eligibility conditions and had applied for vending licence, allotment of kiosks etc. before 13.09.2013 but were not issued the licence while whose who applied after them were given the licence, should not be denied vending right on the ground that their names do not exist in the list of registered vendors as they would have been covered under this ‘existing vendors’ as on 13.09.2013 had their applications been processed in time by the concerned Municipal authorities. Such vendors should however produce the proof of having applied for the vending licence, allotment of kiosks, etc.
(iii) The concerned functionaries of the Municipalities/Cantonment Board should be properly and adequately sensitised to deal with persons with disabilities with dignity, particularly while seizing and releasing their goods (perishable/non-perishable) which should be released within the prescribed time limit and be considerate in levying fines.
7. Given under my hand and the seal of the Court this 30th day of May, 2018.
(T.D. Dhariyal)
State Commissioner for Persons with Disabilities
Encl.:- As above
Copy to :
Deputy Commissioner of Police,
Shalimar Bagh, Farsh Bazar,
Shahdara, Delhi – 110 032.
(Near Police Station Farsh Bazar)
No comments:
Post a Comment