In the Court of State Commissioner for
Persons with Disabilities
National Capital
Territory of Delhi
25- D, Mata
Sundri Road, Near Guru Nanak Eye Centre, New Delhi.
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 452/1083/2018/08/3011-3014
Case No. 296/1083/2018/05/3011-3014 Dated:21.06.2019
In the matter of:
Sh. Jitendar Khattolia,
S/o Sh. Late Nihal Chand,
5/290, Trilokpuri,
Near Chand Cinema,
Delhi – 110091. ................
Complainant
Versus
The Commissioner,
East Delhi Municipal Corporation,
419, Udyog Sadan,
Patparganj Industrial Area,
Delhi-110096.
Email: Commissioner-edmc@mcd.gov.in ………...…Respondent No.1
Email: Commissioner-edmc@mcd.gov.in ………...…Respondent No.1
The Deputy Commissioner of Police
(East District),
Near Mandawali, Fazalpur,
I.P. Extn., Patparganj,
Delhi – 110092. ………...…Respondent
No.2
The
Commissioner of Police,
Delhi Police,
Police Headquarters,
MSO Building.
I.P. Estate, New Delhi-110002. ………...…Respondent
No.3
Date of Hearing: 17.06.2019
Present: Sh.
Jitendar Khattolia, Complainant on phone
Sh. Deepak Upadhayay, L.I.,
Sh. P.K. Tewari, AE(Bldg.) and Sh. S.K. Pandey, J.L.O. on behalf of Respondent
No. 1
ORDER
The above named complainant, a person
with 87% locomotor disability and a wheel chair user vide his complaint dated
23.05.2018 received through e-mail, submitted that he does not have parents. His only source of income is the khoka which
was allotted to him by MCD at MCD Booth A-2 corner, Mayur Vihar Phase-3, Near
DTC bus stop vide license No. CL&EC/1370/2002/328 dated 11.07.2012. The khoka was destroyed by MCD/Delhi Police
on 08.05.2016 and thus he lost his only source of livelihood. He expressed his disgust about having so many
laws, rules, departments and policy, but not doing little on ground. He further stated that he is in a very
painful condition and is suffering physically, emotionally and mentally due to
the act of the authorities. He requested
to give direction to the MCD for reconstructing his khoka and not to destroy it
in future and also take appropriate action to safeguard his right as a person
with disability.
2. The complaint was taken up with respondent
No.1 under the Rights of Persons with Disabilities Act, 2016, hereinafter
referred to as the Act, with a copy to DCP(East) vide letter dated 28.05.2018
with the request to submit the status report.
As there was no response, a hearing was scheduled on 30.08.2018.
3. During the hearing on 30.08.2018, the
complainant added that he had to procure another khoka with a cost of Rs.50,000/-. He felt very insecure as the authorities
destroyed his only source of livelihood for no valid reasons that he was
earning in a lawful manner. He prayed
that the concerned officers should be fined to compensate him for destroying
his booth and the instruments/equipments kept inside the booth such as
earphones, phone covers, dummy mobiles phones and other accessories.
4. No one appeared for the respondents. However, someone from Delhi Police left a
note with reference to Dy. No.5416/SHO/KP dated 28.07.2018 signed by ASI
Krishan Kumar of Police Station Kalyan Puri dated 07.08.2018 marked to the
Legal Cell/East mentioning that the area where khoka of the complainant is
situated according to the complainant, is not in the jurisdiction of Police
Station Kalyan Puri. Therefore the
complaint may be sent to the concerned Police Station. The original summon dated 23.07.2018
addressed to DCP(East) was attached with note, which exhibited a casual
approach in dealing with an important issue of a person with disability in
distress. DCP(East) was therefore advised
to look into it personally and take appropriate action and submit a report by
14.09.2018. Commissioner, EDMC was also
advised to submit the report by 14.09.2018 and the names of the persons who
destroyed the khoka of the complainant and the next hearing was fixed on
18.09.2018.
5. As no report was received from DCP(East),
Commissioner of Police, Delhi was impleaded as respondent and was requested to have
the matter enquired and submit a report by 22.05.2019.
6. The representative of EDMC, Sh. Virender
Kumar, Licensing Inspector, Shahdara (South) Zone, EDMC submitted that to
ascertain the details of the case, he needed some time as he had received the
relevant papers on the date of hearing only.
Deputy Commissioner, Shahdara (South) Zone, EDMC was therefore directed
to inquire into the matter and submit a report by 22.05.2019 indicating the
names of the EDMC functionaries responsible for destroying the complainant’s
khoka.
7. A copy of the complaint alongwith a
photograph of a police official was also received through the Court of Chief
Commissioner for Persons with Disabilities.
The complainant alleged that the said police official had a hand in
destroying his khoka.
8. Addl. DCP, East District Delhi vide report
dated 21.05.2019 informed as under:-
“An enquiry into the matter was got conducted through ACP/
Kalyanpuri and ACP/ Madhu Vihar.
During enquiry, it was found that
a letter No. EE(B)-II/Shah(S)/2018/D-162 dated 27.04.2018 was received in PS
New Ashok Nagar from East Delhi Municipal Corporation, Shahdara (South) Zone
Delhi regarding supply of Police force alongwith ladies staff for demolition/
sealing action against unauthorized construction on various properties i.e. in
Ward Nos. 2E, 4E & 7E on 08.05.2018.
As per the record of PS New Ashok Nagar,
Sh. A.K. MIttal, JE, Shahdara Zone made his arrival in Police Station Ghazipur
on 08.05.2018 vide DD. No. 44B alongwith his staff/ labour and the Police force
was accordingly provided/ deployed under the supervision of the then SHO Inspr.
C.R. Meena vide DD No. 45-B dated 08.05.2018.
It is further submitted that the
demolition/ sealing programme was conducted by EDMC on 08.05.2018. The alleged kiosk of complainant was removed
during that programme. Police force was
provided for the protection of the Municipal staff and maintaining the law and
order situation. Police has no authority
to demolish any unauthorized construction.
As per the report of ACP/ Madhu Vihar, during
enquiry, it was found that on 13.02.2019, a request letter from Sh. Brij Pal
Singh, Executive Engineer, ED-12, DDA was received at PS Ghazipur for providing
police assistance to DDA staff for carrying out demolition/ removal of
encroachment from DDA roads in Kondli Gharoli area under jurisdiction of
ED-12/DDA. The demolition/ encroachment
removal date was fixed for 25.02.2019 (Monday). Encroachment/ unauthorized
construction from the following DDA roads etc. was to be removed:-
1. 24m
R/w road from Red Fox Hotel to IFC Pocket-C, Ghazipur.
2. 18m
R/w road from Ryan Public School to Gutam Public School and Road between C1
& C2 at Kondli, Gharoli.
The above area falls under the jurisdiction
of PS Ghazipur and this operation started at 10:30 AM under the Supervision of
AE-111 (QRT)/ED-12/DDA & Assistant Director (LM) East Zone. The Executive Engineer requested to make
available sufficient Police force including Ladies Police officer and tear gas
squad to the DDA staff in order to maintain law and order situation under
control during the demolition/ removal operation.
On 25.02.2019 at 11:25 AM vide DD. No. 29,
Sh. G.D. , AE, QRT, DDA, Geeta Colony Delhi (Mob. No. 9650490085) made his
arrival in Police Station Ghazipur alongwith 10 staff, JCB, Bumper and 12
Labours for above mentioned encroachment/ removal programme.
As per the request of Executive Engineer,
Sh. Brij Pal Singh, Police staff 1 Inspector, 1 ASI, 5 HC and 2 Constable were
provided to the DDA Staff for encroachment/ removal programme. In accordance with their programme, DDA
officials/ staff removed all the encroachment from DDA roads in Mayur Vihar,
Phase-III, Delhi.
As per the request of Executive Engineer,
Sh. Brij Pal Singh, DDA, Police assistance was provided only for maintaining
the law and order situation. The whole
programme of removing the encroachment was carried out by the DDA and Police
has no role except providing security to DDA Authorities for carrying out their
official duties smoothly. Hence, the
Hon’ble Court of the State Commissioner of People with Disabilities is
requested to seek a report from DDA and EDMC reg. demolition of the kiosk of
the complainant.”
9. On 23.05.2019, the contents of the above
letter were explained to the complainant and a copy of it was given to
him.
10. It was observed that the photograph of the
police personnel submitted by the complainant could not be accepted as evidence
as the said police personnel is seen waiving at an auto rickshaw parked in the
middle of the road. Therefore, the
complainant was directed that if he had any evidence/proof that any police
personnel played any role in destroying his khokha, he should submit such
evidence to the SHO, PS Gazipur/ACP, Madhu Vihar, who would submit a report on
or before the next date of hearing after thorough investigation. If no evidence was produced, respondent no. 2
and 3 were exempted from attending the hearing(s) in future and it was conveyed
vide ROP dated 24.05.2019 that had the report been filed earlier, Commissioner
of Police would not have been impleaded. This explains why the police and all concerned
authorities need to give due importance to the complaints/grievances of persons
with disabilities and take prompt action on them.
11. As per the report dated 22.05.2019 submitted
by Sh. Deepak Upadhayay on behalf of Commissioner during the hearing, Sh. A.K.
Mittal, JE/ Shahdara South Zone/Bldg.II had approached New Ashok Nagar Police
Station for police force for encroachment removal action on 08.05.2018. Sealing action on property No. A-60 (Part),
New Ashok Nagar was taken by that Building Department on 08.05.2018. In view of this, the Administrative Officer,
Shahdara (South) Zone has stated that it is not conclusive whether MCD
took encroachment removal action against the khokha of the complainant. He also clarified that as per
rules/instructions, the authorised khokhas are not be destroyed. Sh. P.K. Tewari, AE(Bldg.), who appeared for
the hearing submitted a report dated 22.05.2019 vide which AC, Shahdara South
Zone had requested EE(Bldg.-II) to file the status report. As per internal notes, EE(Bldg.-II) Shahdara
South Zone did not fix any encroachment
removal programme on 08.05.2018 and hence that building department was stated
to be not concerned with the case.
12. In view of the circumstances stated above,
Commissioner, EDMC was advised to have the matter enquired and fix
responsibility for destroying the khokha of the complainant and see whether the
complainant could be compensated for the loss he suffered in re-constructing
the khokha and submit a report by 17.06.2019.
13. On 17.06.2019, Ms. Bhanu Prabha, Deputy
Commissioner, Shahdara (South) Zone, EDMC vide report dated 17.06.2019 informed
that the matter was examined by her with the concerned departments i.e. the
General Branch and Building Department.
The khoka in question was not removed or destroyed by either of the
departments of Shahdara (South) Zone, EDMC.
As per the supporting submissions of Administrative Officer, General
Branch and J.E., Building Department, they did not undertake any encroachment
removal drive in New Ashok Nagar Ward on 08.05.2018 and did not demolish/remove
the khoka in question.
14. The complainant was heard on telephone and
informed about the reports. He stuck to
the point that the machine deployed by the civic authority for
demolition/encroachment removal was used for destroying his khoka. But it was very difficult for him to collect evidence/proof
as to who organised destruction of his khoka.
The neighbouring shops/persons present at the spot at that time should
be questioned by the police and find out who destroyed his khokha.
15. The concerned authorities, particularly the
police cannot abdicate their responsibility to investigate and find out the
culprits who deprived the complainant of his livelihood. Respondent No. 2 should have gone beyond just
obtaining the dates on which the civic authorities sought police force. The officers of the two authorities i.e EDMC
and Delhi Police have reported too little and too late! (after nearly one year). The allegation of destroying the only source
of livelihood of a wheel chair user by the officials of these Departments
should have engaged their attention and prompted them to ensure that the matter
is properly investigated, got the complainant’s khokha reconstructed/restored
to him and the culprits brought to the book.
It was atrocious to ignore such a serious matter and do nothing for such
a long time and leave the hapless person with disability to fend for himself
and expect him to collect evidence.
16. DCP(East District) is therefore directed to
take immediate steps to find out the culprits and take action under the law and
submit a report to this court within 3 months from the date of receipt of this
order. The complainant may also provide
to the DCP(East District) any relevant information/evidence that he may be able
to collect in connection with the case.
17. The respondents are also directed to ensure
that the complainant is not harassed, intimidated and be allowed to earn his
livelihood in a lawful manner. They
should provide all possible support to the complainant in his endeavour to live
a life of dignity and self-respect.
18. The complaint is disposed of with the above
directions.
19. An action taken report in the matter be intimated to
this court within 3 months from the date of receipt of this order as required
under Section 81 of the Act.
20. Given
under my hand and the seal of the Court this 21st day of June,
2019.
(T.D.
Dhariyal)
State
Commissioner for Persons with Disabilities
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