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,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
1.
Case No. 670/1101/2019/01/1535-1538 Dated: 29.03.2019
(Regarding inaccessibility of Hotel Shhaurya)
In the matter of:
Dr. Nitesh Tripathi,
H.No. 241, B-Block,
Gali No. 11, Sant Nagar,
Burari, Delhi-110084 …….Complainant
Versus
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New
Delhi -110002. ........Respondent No.1
(Attention:
Sh. Ramesh Chand, Nodal Officer,
Chief
Engineer, SDMC)
The Vice Chairman
DDA, A-Block, 1st Floor,
Vikas Sadan, Near INA Market
New Delhi-110023 ......Respondent No. 2
The Manager
Hotel Shhaurya
Sector 13, Kakrola
New Delhi 110075 .......Respondent no 3
2. Case
No. 691/1101/2019/01/
(Reg. Inaccessibility of Gazzab Family Restaurant)
In the matter of:
Dr. Nitesh Tripathi,
H.No. 241, B-Block,
Gali No. 11, Sant Nagar,
Burari, Delhi-110084 …….Complainant
Versus
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New
Delhi -110002. ........Respondent No.1
(Attention:
Sh. Ramesh Chand, Nodal Officer,
Chief
Engineer, SDMC)
The Vice Chairman
DDA, A-Block, 1st Floor,
Vikas Sadan, Near INA Market
New Delhi-110023 .......Respondent No.2
The Manager
Gazzab Family Restaurant
RZ B-11, Mahavir Enclave part 1,
Mahavir Enclave, New Delhi 110045 .......Respondent
no 3
3.
Case No. 713/1101/2019/01/
(Reg. Inaccessibility of Vamsi Digital Zone)
In the matter of:
Dr. Nitesh Tripathi,
H.No. 241, B-Block,
Gali No. 11, Sant Nagar,
Burari, Delhi-110084 …….Complainant
Versus
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New Delhi -110002. ........Respondent No.1
(Attention:
Sh. Ramesh Chand, Nodal Officer,
Chief
Engineer, SDMC)
The Manager
Vamsi Digital Zone
RZ B-11 B, Main Road Mahavir Enclave,
Palam South West Delhi-110045 .........Respondent no 2
Date of Hearing: 25.03.2019.
Present: Dr. Nitish Tripathi, Complainant in
person.
ORDER
These cases were tagged with Case
No. 679/1101/2019/01 and No. 593/1101/2018/11 filed by the same complainant,
namely Dr. Nitish Kumar Tripathi and a common record of proceeding for hearing
held on 12.02.2019 was issued. In the
said two cases, DDA is the respondent, whereas in these three cases, DDA is not
the essential party. Therefore, these three
cases have been delinked and are being disposed of by this common order.
2. The complainant, a person with 65% locomotor disability raised
the accessibility issues at the following three locations:
i) Vide
email dated 31.12.2018, Dr. Nitish Tripathi submitted that the alleged Hotel
Shhaurya Guest House, New Delhi was not disabled friendly. DDA market at Sector
13, Kakrola was developed by Delhi Development Authority. He also enclosed the photographs that
revealed the absence of accessible feature.
ii) Vide
his email dated 08.01.2019, the complainant alleged that Gazzab Family
Restaurant, Mahavir Enclave, New Delhi is not disabled friendly and the market
was developed by DDA. He attached the
photographs that revealed that the absence of accessible features.
iii) The
complainant vide his email dated 09.01.2019 submitted that Vamsi Digital Zone which
was the centre for online computer based test for NEET PG examination was not disabled
friendly. The photographs enclosed by
him revealed absence of accessible feature.
3. It was observed that prima
facie there was contravention of the provisions of the Rights of Persons
with Disabilities Act, 2016, hereinafter referred to as ‘Act’.
4. Section 40 of the Act provides for formulating rules to lay
down the standards of accessible physical environment etc for persons with
disabilities. Rule 15 of the Rights of Persons with Disabilities Rules, 2017
notified by Ministry of Social Justice and Empowerment (Department of
Empowerment of Persons with Disabilities) vide notification dated 15.06.2017
provides that the standard for public buildings as specified in the Harmonized
Guidelines and Space Standards for Barrier Free Build Environment for Persons
with Disabilities and Elderly Persons as issued by the Government of India, Ministry
of Urban Development in March, 2016 shall be complied by every establishment. Section 45 and Section 46 of the Act mandate
that all existing public buildings and the services shall be made accessible
for persons with disabilities within a period of 5 years and 2 years
respectively.
5. In light of the above provisions of the Act/Rules, the
respondents were directed to submit their version of the case and it was also
decided to hold a common hearing on 12.02.2019 in 5 cases filed by Dr. Nitish
Tripathi.
6. Sh. Ramesh Chander, who appeared on behalf of owner of Hotel
Shhaurya Guest House also submitted that he did not receive the earlier notice
and therefore sought 10 days time to submit written submissions. He also stated
that all efforts will be made to provide facilities for access to the Shhaurya Guest
House within the constraints of the space.
Wheel chair is available for use by the customers in need and other
facilities will be provided within the time frame this Court may fix.
7. Sh. Ganesh Sharma, Manager alongwith Sh. Ranjit Kumar for Gazzab
Family Restaurant (Case No. 691/1101/2019/01) submitted that they did not
receive the earlier notice. However,
they are willing to provide the possible facilities to make the restaurant
accessible for persons with disabilities within the time frame this Court may
fix. They will file written submissions
within 10 days. He further submitted
that it may not be possible to provide certain things mentioned in the
complaint due to constraints of space.
8. Assistant Engineer (M)-IV Najafgarh Zone, SDMC vide reply dated
12.02.2019 has submitted that neither the building of Vamsi Digital Zone nor Mahavir
Enclave colony (case no. 713/1101/2019/01) are under the jurisdiction of South
DMC. It is a private building in unauthorized colony. During the hearing, Sh. Ashish Mishra, JE
stated that DSIIDC/Irrigation and Flood Control Department are responsible for
maintenance of roads and the Building Department of South DMC deals with the compliance
of building bye-laws. He was directed to
handover the relevant papers to the concerned officer of Building Department of
SDMC under intimation to this Court.
None appeared on behalf of Vamsi Digital Zone.
9. Commissioner, SDMC was advised to direct the concerned officer
of Building Department to file written submissions indicating therein also the
authority responsible for ensuring compliance of building bye-laws in the
unauthorised colonies so that the complaints can be disposed off.
10. Gazzab Family Restaurant in case No. 691/1101/2019/01 and Vamsi
Digital Zone and SDMC in case No. 713/1101/2019/01 were directed to submit
their written submissions by 28.02.2019.
They were also directed to enclose the pictures of the facilities for
which provision is made by the date of filing their replies.
11. Sh. Durgesh Sharma, owner of Hotel Shhaurya vide his letter
received on 22.02.2019 informed that in compliance of the direction vide RoP
dated 12.02.2019, they have made provisions for the following and also enclosed
photographs of the ramp, hand rails, railing and the wheel-chair alongwith
necessary permission letters from SDMC and Delhi Fire Services:
“1. Wheel chair has already been provided at
reception of Guest house. (Photograph
attached)
2. Railing at main gate on both sides has
been provided. (Photograph attached)
3. Ramp at Drive way entrance to reach
main reception of the guest house has been provided.
The
rest of the facilities such as bathroom for disabled will be provided within 2
months and we promise to provide the other facilities as described by this
hon’ble court as soon as possible.
Submitted please.
(Durgesh
Sharma)
Owner
of Guest house Shhaurya”
12. On 25.03.2019, Sh. Ganesh Sharma, Sr. Manager F&B, Gazzab
Family Restaurant appeared and filed written statement which is reproduced
below:
“Respected
Sir/ Madam,
As per last hearing dated 12.02.2019
at the Court of State Commissioner for Persons with Disabilities, National
Capital Territory of Delhi, 25-D, Mata Sundari Road, New Delhi-02. We work on al the points highlighted on your
notice regarding inaccessibility related issued for creating avoidable barrier
on way to persons with Disabilities.
As per discussion at the Court of
State Commissioner for Persons with Disabilities, National Capital Territory of
Delhi, 25-D, Mata Sundari Road, New Delhi-02.
We will provide the possible facilities to make our restaurant is
accessible for all the persons with disabilities.
Regarding to that we appointed two
dedicated restaurant staff for entry and exit at restaurant for the persons
with disabilities.
We removed flowerpots and decorative
stuffs from our restaurant entry and exit point along with walking area.
Apart above we work on possible
facilities to make our restaurant is accessible for all the persons with
disabilities like toilets and many more.
The facilities will provide in next
3 months from today (25.03.2019).
1.
Temporary
Ramp (Removable) for wheel chair on our entry and exit area.
2.
Will
install railing on stairs both side for easily hold by hand
3.
In
bath room will install hand holder near gents and ladies bath room.”
13. None appeared for Vamsi Digital Zone on 25.03.2019 also.
14. In view of the action taken by owner of Hotel Shaurya and Gazzab
Family Restaurant in Case No. 670/1101/2019/01 and Case No. 691/1101/2019/01 respectively,
the complaints are disposed of with the direction that all the feasible accessible
facilities for persons with disabilities be ensured before 15th June, 2019, which is the date by which the service
providers (Govt. as well as private) are mandated to provide services in
accordance with the rules on accessibility formulated by the Central Govt.
under Section 40 of the Act. A
compliance report be submitted by 20th June, 2019.
15. In light of the submissions dated 12.02.2019 of SDMC that
building of Vamsi Digital Zone and Mahavir Enclave Colony are not under its
jurisdiction, it is recommended that Principal Secretary, Department of Urban
Development, Govt. of NCT of Delhi, which is the nodal Department for the
purpose, should take urgent steps/action to ensure that premises of Vamsi
Digital Zone be either made accessible or the owner of the said facility be
stopped from providing any kind of service that is not accessible to persons
with disabilities from there beyond 15th
June, 2019 and an action taken report in this regard be submitted to this
Court by 30th June, 2019 as required under Section 81 of the Act. With this recommendation case no.
713/1101/2019/01 is also disposed of.
16. The cases are disposed of.
17. Given under my hand and the seal of the Court
this 29th day of March, 2019.
(T.D.
Dhariyal)
State Commissioner for
Persons with Disabilities
Copy
to:
Principal
Secretary, Urban Development Department Gnctd,
9th & 10th Level, Delhi Secretariat, I.P. Estate, New Delhi – 110002 for
action on para 15 of this order.
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