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.
787/1083/2019/03/1965-1970 Dated:
24.04.2019
In
the matter of:
Sh. Ramesh Kumar
B-223,
Sukhdev Nagar,
Kotla Mubarakpur,
New Delhi=110003 ......Complainant
No. 1
Sh. Krishna Kumar,
1528-A, First Floor,
Wazir Nagar,
Kotla Mubarakpur,
New Delhi-110003
......Complainant No. 2
Smt. Angoori Devi
Site No. 1020,
Sai Baba Mandir, Lodhi Road,
New Delhi-110003 ......Complainant No. 3
Smt. Simlesh
Site no. 530,
Sai Baba Mandir, Lodhi Road,
New Delhi-110003 ......Complainant No. 4
Versus
Dy. Commissioner
(Central Zone)
South Delhi Municipal Corporation
Jal Vihar, Lajpat Nagar,
New Delhi-110024 .......Respondent
No. 1
Dy. Commissioner of
Police
(South District)
Police Station, Hauz Khas,
New Delhi-110016 .......Respondent No. 2
ORDER
The
above names complainants vide their common complaint dated nil received from
the court of Chief Commissioner for Persons with Disabilities vide letter dated
22.02.2019 submitted that they are the authorized vendors and have been selling
the flowers, garlands and Pooja articles at Sai Baba Mandir, Lodhi Colony, New
Delhi since 2005/2008. Some unauthorized
squatters/ vendors are also doing the same business in that area in connivance
with the Police and SDMC officials have also threatened them of dire consequences
if they made any against any unauthorized squatters namely Sh. Pawan
Kumar, Sh. Inderbhan, Sh. Udaibhan, Ms.
Sunita Kumari, Sh. Neeraj, Sh. Pradeep and others. This has adversely affected their
earnings. They requested that the
concerned authorities should be directed to allow authorised vendors only.
2. The
complaint was taken up with the respondent vide show cause-cum-hearing notice dated
14.03.2019 and hearing was scheduled on 24.04.2019 under the Rights of Persons
with Disabilities Act, 2016, hereafter referred to the Act.
3. Additional
Dy. Commissioner of Police (South District) vide letter dated 14.04.2019
submitted as under:-
Enquiry:-
Enquiry into the matter was got conducted by ACP/ Defence Colony/SD and
the point-wise reply submitted is as under:-
1.
Regarding complaint of Sh. Ramesh Kumar, it is
submitted that complainant was allotted 7X5 feet tehbazari in the year-1985
under physically handicapped scheme at Eastern corner, Sai Baba Mandir, Lodhi
Road, New Delhi. He has built a port
cabin in that area and sells flowers, garland and pooja articles in his
shop. He has never been threatened/
harassed by police or SDMC staff.
However, he has filed a petition vide No. W.P. (C) 7194/2018 in the
Hon’ble High Court for removing unauthorized vendors. NDOH is fixed for 22.04.2019. As the matter is already subjudiced in Court,
hence no more police action is warranted at this stage.
2.
As regard complaint of Sh. Krishan Kumar, it is
submitted that the complainant was allotted 7X5 feet tehbazari for PCO booth,
in the year-2002 under handicapped quota at Kalkaji Extn. and the same was
transferred to Sai Baba Mandir, Lodhi Road in the year-2008. But the complainant has closed the PCO Booth
and is selling flowers, garland and pooja articles in his shop. He has covered more area than the allotted
area and has built a wooden rack along with the remove the same but he did not
remove it. Moreover, the complainant
himself does not remain there and his staff only lookafter the work of sale and
purchase. So police staff and SDMC staff
has never threatened him.
3.
As regard compliant of Ms. Angoori Devi, it is
submitted that the complainant was allotted 6X4 feet open sky tehbazari at
Prabhu Market, Sewa Nagar, Lodhi Colony and the same was transferred to Sai
Baba Mandir Lodhi Road in the year 2008,
The complainant Smt. Angoori Devi is not disabled and the tehbazari
allotted to her is not under handicapped quota.
The complainant herself does not remain present in her shop. The police staff and SDMC staff has never threatened
her. Moreover, she was allotted 6X4 feet
open sky tehbazari but she has covered the area by tin shade and has violated
the terms and conditions of Tehbazari.
4.
As regard complaint of Smt. Simlesh, It is submitted
that the complainant was allotted 7X% feet tehbazari for PCO booth, under the
physically handicapped scheme at Nehru Bazar, Jangpura and the same was
transferred to Sai Baba Mandir, Lodhi Road In the year-2008. But the complainant has closed the PCO Booth
and is selling flowers, garland and pooja articles in her shop. Moreover, the complainant herself does not
remain there and her sone in law namely Avinash lookafter the work of sale and
purchase. The police staff and SDMC
staff has never threatened her.
Enquiry
revealed that apart from the above complainant total 27 other people sell
flowers, garland and pooja articles in their shops at Sai Baba Mandir, Lodhi
Road. Among them, one lady Ms.
Parmeshwari Devi w/o Shri Dharam Pal has Court Orders regarding the tehbazari
at Sai Baba Mandir, Lodhi Road, New Delhi.
The other 26 people are also running their shops at Sai Baba Mandir,
Lodhi Road since long. Local Police has
taken legal action time to time against them and a list of unauthorized vendors
has been submitted to Delhi High Court.
As the complainant Sh. Ramesh Kumar has filed a petition in Hon’ble High
Court vide No. W.P.(C) 7194/2018 for removing unauthorized vendors. The matter is already subjudice in the
Hon’ble High Court and action will be taken as per the directions of Hon’ble
Court. No more police action is
warranted at this stage. Hence, the
complaint may be filed.
Yours
faithfully,
AddI. Dy.Commissioner of Police:
South Distt. New Delhi.
4. During
the hearing, Sh. Anil Sharma, SHO, Lodhi Road reiterated the written submissions
and also submitted a list of 27 persons illegally occupying the vicinity of Sai
Baba Mandir given by SDMC vide their letter 11.03.2019. He also informed that the next date of
hearing in the Hon’ble High Court is on 17.05.2019.
5. Sh. Sagar
Kumar S/o sh. Ramesh Kumar who appeared on behalf of his father submitted that
as per the letter dated 11.04.2019 of SDMC, they had removed the encroachment from
Sai Baba Mandir and surrounding areas on 03.04.2019 and 10.04.2019 and
requested Delhi Police to ensure that the area is not re-occupied by the encroachment. But, the unauthorized persons again start
their business and the Police do not take any action.
6. As the
matter is before Hon’ble High Court of Delhi, the complaint before the State
Commissioner for Persons with Disabilities is closed.
7. Smt.
Angoori Devi, who is not a person with disability, is informed that the State
Commissioner can take up the matters pertaining to the Rights of Persons with
Disabilities only. She should approach
the appropriate authorities for redressal of her grievances in future.
8. Given
under my hand and the seal of the Court this 24th day of April,
2019.
(T.D.Dhariyal)
State Commissioner of Person with Disabilities
