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-110002
[Vested with powers of
Civil Court under the
Rights of Persons with
Disabilities Act, 2016]
Case
No.817/1141/2019/03/2590-2592
Dated: 06.06.2019
In the matter of:
Sh. Devinder Kumar
Saigal,
C-8/31, Ground Floor, Lawrence
Road,
DDA Flat, Keshavpuram,
New Delhi-110035. ........Complainant
Versus
The Deputy Commissioner
of Police,
(North West District),
Police Station Ashok Vihar,
New Delhi-110052. ……..Respondent No. 1
The Commissioner,
North Delhi Municipal
Corporation
Dr. S.P.M Civic Centre,
J.L.N. Marg, New Delhi-110002 ……..Respondent No. 2
Date of
hearing: 04.06.2019
Present: Sh. Devinder Kumar Saigal, Sh. Karan
Saigal, Ms. Budu Saigal and Kush Saigal on behalf of complainant
Sh. S.K. Mishra, EE(B)-II and
Sh. P.K. Sharma, AE(B) on behalf of Respondent No. 2.
ORDER
The above named complainant, a
77 years old person with deafness (100 Db hearing loss in both ears), vide his
complainant dated 22.03.2019 submitted that his wife, his son, daughter-in-law
and his grandson are all deaf and dumb.
He lives in C-8/31, Keshavpuram, New Delhi on ground floor. The owners/ occupiers of first, second and
third floor of the said house namely Sh. Rajiv Wadhawan, Sh. B.S. Wadhwa, Sh.
Ratanjeet Singh (Prince) respectively were making extensive illegal
construction by extending about 6 ft. Balcony on both sides. The illegal construction was making his house
dark and dingy. He reported the matter
to the respondents but the construction was still continuing. The matter was taken up with the respondents
vide notice dated 28.03.2019 under the Rights of Persons with Disabilities Act,
2016, hereinafter referred to as the Act.
However, as there was no response till 06.05.2019, a hearing was
scheduled on 04.06.2019.
2. In
the meantime, Sh. S.K. Mishra, Executive Engineer (Bldg.)-II, Keshavpuram Zone
of North DMC vide letter dated 03.06.2019 submitted that the unauthorised
construction by the owners of the said flats had already been booked under DMC
Act, 1957 on 19.03.2019/25.03.2019. Show
Cause Notices were also issued to all the owners/occupiers and demolition orders
have also been passed following due process of law. Simultaneously, work stop notices under
section 344(2) of the DMC Act, 1957 had also been sent to the SHO, Keshavpuram
vide letter dated 11.03.2019. However,
the demolition action could not materialise due to the model code of conduct
for the Lok Sabha Elections, 2019.
Action will be taken in due course.
3. During
the hearing on 04.06.2019, Sh. P.K. Sharma, AE(B), Keshavpuram Zone, A-1 Block
also submitted copies of the letter dated 11.03.2019 sent to the SHO,
Keshavpuram requesting him to take action for stopping the unauthorised construction/deviation
activity immediately and for removing the workmen present in the building and
seizing the construction material including the tools, machinery etc. involved
in the execution of the work forthwith.
He also submitted copies of Show Cause Notices and reminder to the
concerned owners/occupiers.
4. Sh.
Devinder Saigal accompanied by Sh. Karan Saigal, Ms. Budu Saigal and Kush
Saigal submitted that Sh. P.K. Sharma, AE(B) and other concerned officers of
North DMC have taken appropriate action and they are satisfied with the same. However, they are scared of Sh. Rajiv
Wadhawan, Sh. B.S. Wadhwa and Sh. Ratanjeet Singh (Prince), owners of Flat No.
C-8/31 A (First Floor), Flat No. C-8/31 B (Second Floor) and Flat No. C-8/31 C
(Third Floor) respectively, following the action by North DMC and as there has
not been positive action by Delhi Police.
5. It
is seen that ACP/PG, North West District, Aashok Vihar vide letter dated
01.05.2019 has forwarded the complaint of the complainant to the Deputy
Commissioner, North DMC, Keshavpuram Zone alongwith the inquiry report of
ACP/Ashok Vihar, in original, for taking further action. A copy of the said letter has been sent to
this court without giving the details of the action taken by Delhi Police on
the complaint. No one has appeared on
behalf of DCP(North West District) in the hearing nor has any action
taken/status report been submitted.
6. In
view of the action taken by the concerned officers of North DMC (Respondent No.2)
and as the complainant is satisfied with their action, the complaint is
disposed of with the direction to the DCP(North West District) to ensure that
the complainant and other members with disability of his family are not
threatened, intimidated or harassed by the owners /occupiers of above mentioned
flats in any manner. In case any
complaint is filed by the complainant against any of them for intimidation or harassment
etc., DCP (North West District) is directed to ensure immediate action in
accordance with Section 7(4) and Section 92 of Act which are reproduced below:-
“Section 7(4)
- Any police officer who receives a complaint or otherwise comes to know of
abuse, violence or exploitation towards any person with disability shall inform
the aggrieved person of—
(a) his or her right to apply
for protection under sub-section (2) and the particulars of the Executive
Magistrate having jurisdiction to provide assistance;
b) the particulars of the
nearest organisation or institution working for the rehabilitation of persons
with disabilities;
(c)
the right to free legal aid; and
(d) the right to file a
complaint under the provisions of this Act or any other law dealing with such
offence:
Provided that nothing in this
section shall be construed in any manner as to relieve the police officer from
his duty to proceed in accordance with law upon receipt of information as to
the commission of a cognizable offence.
Section 92
-Whoever,—
(a) intentionally insults or
intimidates with intent to humiliate a person with disability in any place
within public view;
(b) assaults or uses force to
any person with disability with intent to dishonour him or outrage the modesty
of a woman with disability;
...........................................
shall be punishable with
imprisonment for a term which shall not be less than six months but which may
extend to five years and with fine.”
7. The
complaint is disposed off in terms of the above direction.
8. Given under my hand and the seal of the Court this 6th day
of June, 2019.
(T.D. Dhariyal)
State
Commissioner for Persons with Disabilities
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