Wednesday, October 16, 2019

Arun Shah Vs. SDMC | Case No.888/1101/2019/05/6681-6682 | Dated:16.10.2019


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.
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.888/1101/2019/05/6681-6682                    Dated:16.10.2019 

In the matter of:

Sh. Arun Shah,
Executive Director
Delhi Association of the Deaf,
C-12 Qutuv Institutional Area,
Hauz Khas, New Delhi-110016.
  ……..Complainant
Versus
The Commissioner,
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg, New Delhi-110002.
                                          ..........Respondent

Date of Hearing:             14.10.2019
Present:                         Sh. Santosh Kumar Pathak, JE, SDMC (Ward 61 South) on behalf of SDMC

ORDER
          Sh. Arun Shah, Executive Director, Delhi Association of the Deaf vide letter dated 07.05.2019 submitted that the Delhi Association of the Deaf (DAD) established in 1950 has been involved in serving persons with hearing impairment for nearly seven decades at Qutub Institutional Area and has a Research and Rehabilitation Centre for the Deaf.  The surface of cement concrete road from C-1 to C-12 has worn out and poses constant danger for the people to walk.  Association had approached various authorities and Dr. Karan Singh, Member of the then Rajya Sabha had even sanctioned Rs.17.75 lakhout of his MPLADS fund. It is further stated that the members of the Organisation, who are physically challenged and senior citizens, face problems to negotiate the road.  They were not clear whether the road falls under the jurisdiction of PWD or SDMC.
2.       The matter was referred to Engineer-in-Chief, PWD vide letter dated 23.05.2019.  The Nodal Officer for accessibility in PWD, referred the matter to Superintending Engineer (South) vide letter dated 11.06.2019.  Thereafter a reminder was issued on 26.06.2019. As there was no response, a hearing was scheduled on 03.09.2019.
3.       During the hearing Sh. Arun Shah added that the association had to make a lot of efforts to get the road repaired around six years ago.  On interacting with Sh. Mohal Lal, S.E., Nodal Officer and Sh. Madal Lal Azad, SE (South-East),it transpired that Sh. Sarvan Kumar, SE (South) maintenance was the concerned officer who informed that the ownership of the road in question is with South DMC not PWD. 
4.       In view of this, Commissioner, SDMC was impleaded and Engineer-in-Chief, PWD was removed from the array of respondents.  The position was also clarified by Executive Engineer South Division Road-2 vide letter dated 09.08.2019. 
5.       Vide email dated 27.09.2019, SDMC submitted a status report as per which the road was inspected by the area JE (Maintenance) and found that the road from C-1 (Jeet Singh Marg) to C-4 (Dhalao) is under the jurisdiction of PWD Delhi.  Whereas from C-5 to C-12 is under the jurisdiction of Ward No. 61-S EE-M-S-I, SDMC, which is made of Cement Concrete long time back which is eroded all over.  However, there is no pot hole as alleged in the complaint. After receiving the complaint, the department has repaired the eroded portion.  Photographs after repair of the said road were also attached. 
6.       During the hearing, Sh. Santosh Kumar Pathak, JE, SDMC, Ward 61(S) stated that as per the availability of fund the road repair work has been done.  The re-laying of concrete however will be done after receipt of requisite budget. 
7.       The respondent as well as the complainant may make efforts to get the funds from various sources including MPLADS and try to reconstruct the road as soon as possible, so that the Members of the Association who are persons with deafness and also Senior Citizens do not feel discriminated as I have personally seen that the other neighbouring roads/ lanes are well maintained.  Unavailability of funds, coming into force of Model Code of Conduct due to some elections, etc.should not be cited as the reason for not providing the facility of a good road for use by the Members of the Association. 
8.       This court be informed of the action taken in the matter within 3 months from the date of receipt of this order as required under Section 81 of the Act which reads as under:
“Whenever the State Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 80, that authority shall take necessary action on it, and inform the State Commissioner of the action taken within three months from the date of receipt of the recommendation:
Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the State Commissioner for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person.”
9.       The complaint is disposed of.
10.     Given under my hand and the seal of the Court this15thday of October, 2019.




           (T.D. Dhariyal)
                      State Commissioner for Persons with Disabilities


Here is the digitally signed Order:


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