Ramesh Kumar & 3 Others Vs. SDMC & DCP (South District) Delhi Police | Case No. 787/1083/2019/03/1965-1970 | Dated: 24.04.2019

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 24^th day of April, 2019.

(T.D.Dhariyal)
State Commissioner of Person with Disabilities