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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 754/1083/2019/02/3136-3138
Dated:28.06.2019
In the matter of:
Sh. Radhey Shyam Nishad
Dukh
Haran House No. B-151,
Balbir
Vihar, Kirari, Suleman Nagar,
Sultanpuri,
C-Block, North West Delhi,
Delhi-110086. …….Complainant
Versus
The Commissioner,
North
Delhi Municipal Corporation,
Dr.
S.P.M. Civic Centre, Minto Road,
New
Delhi-110002. ……...…Respondent no. 1
(Kind
Attnt: Ms. Veditha Reddy, Dy.
Commissioner
Smt.
Raj Rani, Addl. Dy. Commissioner)
The Deputy Commissioner
of Police
(Outer
Distrcit)
Guru
Hari kishan Marg,
Maulana
Azad Society,
Pushpanjali
Enclave, Pitampur,
Delhi-110034.
….…….Respondent no. 2
Date of Order: 26.06.2019
Present: Sh. Radhey Shyam Nishad, complainant in
person.
Smt. Raj Rani, Addl. Dy. Commissioner, Rohini
Zone alongwith Sh. Sushil Kumar, Zonal Supdt. For Respondent no. 1
Sh. Baljit Singh, ASI No. 286/00 for respondent
no. 2.
ORDER
The
above named complainant, a person with 100% visual impairment vide his
complaint dated 14.02.2019 submitted that he was residing in his khoka in front
of ward no. 45 near Sultan Puri Bus Terminal, New Delhi-86. He used to sleep in the same khoka and earn
his livelihood and was also studying. The
personnel from the PCR Van used to make in appropriate comments on him and a
security guard set up a tea shop near his khokha with the intention to get his
khoka removed. Thereafter, some persons
from MCD came and took away his khoka in which his books, reading/recording
devices, clothes etc. were kept. The books
and the reading devices were issued by the University and until these are
returned, the University would not declare his result. He therefore, requested that his Khoka and
articles should be returned to him and arrangement for his stay should also be
made.
2. The complaint was taken up with the respondents under the
provisions of Rights of Persons with Disabilities Act, 2016, hereinafter
referred to as “Act” vide letter dated 28.02.2019 followed by reminder dated
13.03.2019. DCP North West District
forwarded the complaint to DCP (Outer District). As there was no response from respondents, a
hearing was scheduled on 26.06.2019 vide summon dated 27.05.2019.
3. Smt. Raj Rani, Addl. Dy. Commissioner, Rohini Zone who
appeared alongwith Sh. Sushil Kumar, Zonal Superintendent submitted a reply
dated 25.06.2019 which states that a complaint dated 17-12-2018 was received
from Sh. Sumit Tomar vide which he had alleged that some anti-social elements
had setup khokas near Sultan Puri Bus stand. Those khokas were operated on the name of persons
with disabilities by some persons without disabilities. Sh. Tomar also
submitted the same complaint during the meeting of the SDM (Kanjhawala),
wherein the SDM also directed the staff of the North DMC to take action against
illegal khokas. Thereafter, the staff
of the Licensing Department and Maintenance Department of the Rohini Zone,
North DMC alongwith staff of Delhi Police (PS-Sultan Puri) taken action against
such illegal khokas on 15-01-2019. During the action, 06 no. of illegal khokas
were impounded and were deposited in the Zonal Store. 04 khokas were released after
receipt of fine from the defaulters. The photos taken during the action were
also enclosed with the reply.
4. Smt. Raj Rani also informed that khoka can be returned only
after payment of penalty and as the complainant is not having any license, he
should apply for the same with TVC.
5. After hearing the parties, it is observed that the only source
of livelihood of the complainant has been lost and his studies disrupted. He has no support whatsoever in Delhi except
disability pension of Rs. 2,500/- per month.
He has no savings to pay the penalty which is estimated to be more than Rs.
22,000/- and get his Khokha released. In
view of the fact that the complainant had submitted the complainant on 14.02.2019
and has been pleading to release his khoka ever since, the penalty charges
should be waived and his khoka alongwith his belongings should be returned to
him with the minimum possible fine not exceeding Rs. 2,000/- and a report be
submitted within 15 days of receipt of this order.
6. The complainant is advised to apply for license for tehbajari/khoka
after first July 2019 and Sh. Sushil Kumar will extend necessary assistance in
this regard.
7. The complaint is disposed of.
8. Given
under my hand and the seal of the Court this 28th day of June, 2019.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
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