Saturday, June 29, 2019

Radhey Shyam Nishad Vs. North Delhi Municipal Corporation & Anr. | Case No. 754/1083/2019/02/3136-3138 | Dated:28.06.2019




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
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. 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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