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)
1. Case No. 679/1101/2019/01/2242-2243 Dated:
10.05.2019
(Regarding inaccessibility of Markets in Dwarka)
In the matter of:
SUO-MOTU
Versus
The Vice Chairman
DDA, A-Block, 1st Floor,
Vikas Sadan, Near INA Market
New Delhi-110023 .......Respondent No.1
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New
Delhi -110002. ........Respondent No.2
2. Case
No. 593/1101/2018/11/
(Reg. Inaccessibility of Manish Twin Plaza Market)
In the matter of:
Dr. Nitesh Tripathi,
H.No. 8, B-Block,
Swami Vivekanand Marg,
Sant Nagar, Burari,
Delhi-110084.
…..Complainant
Versus
The Vice Chairman
DDA, A-Block, 1st Floor,
Vikas Sadan, Near INA Market
New Delhi-110023 .......Respondent No.1
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New
Delhi -110002. ........Respondent
No.2
Date of hearing: 03.5.2019
Present: Sh.
Raghav Alok, Advocate and Sh. Narsi Gupa, Consultant on behalf of Respondent No.
1.
ORDER
1. Case No. 679/1101/2019/01
(Regarding inaccessibility of Markets in
Dwarka)
1. State Commissioner had also taken
cognizance of inaccessible built environment and transport in NCT of Delhi in
Suo-motu case No. 4/1665/2017-Wel/CD and taken up with the concerned
authorities on 19.07.2017. DDA, among other
respondents in that case had submitted that the built environment under their
jurisdiction would be made accessible and had also drawn up action plans for
the purpose. Dwarka markets are neither
included in the action plan of DDA nor SDMC.
2. State
Commissioner visited various markets and other facilities around NCT of Delhi including a few markets in Dwarka on
05.01.2019 and found that none of the shops/service provider’s premises in
those markets was accessible particularly for wheel chair users. There were no
reserved parking, accessible toilets, foot paths, etc. The matter was therefore
taken up with DDA and SDMC under the Rights of Persons with Disabilities Act,
2016 hereinafter refer to as the Act, vide Show-Cause-Cum Hearing Notice dated
25.01.2019 and the matter was scheduled for hearing on 12.02.2019.
Case No.
593/1101/2018/11
(Reg. Inaccessibility of Manish Twin Plaza Market)
3. Dr. Nitesh Tripathi, a person with 65%
locomotor disability vide his email dated 15.11.2018 submitted that on
14.11.2018, he visited Manish Twin Plaza Market Complex, Sector-4, Dwarka, New
Delhi. He submitted that the floors were
slippery without any tactile tiles, there were no signages and other
accessibility adaptations like Braille
enabled sign boards and AV announcement system, reserved parking space for
persons with disabilities, drinking water
facility etc. Flower pots and decorative
stuff blocked the walking area. The
roads and footpaths were damaged. He
also enclosed photographs that indicated inaccessibility of various facilities.
The complainant requested that the respondent should be made aware about the
accessibility needs of persons with disabilities and be sensitised and made
accountable. There should be an
advisory monitoring committee with adequate representation of all the stake
holders particularly persons with disabilities.
4. The complaint was
forwarded to the SDMC vide email dated 22.11.2018 followed by a reminder dated
26.12.2018. As there was no response, a
hearing was scheduled on 12.02.2019. The
Nodal Officer- Cum-Chief Engineer, SDMC vide letter dated 07.02.2019 directed the
concerned Executive Engineers to remove all the short-comings and to attend the
hearing on 12.02.2019 alongwith the action taken report.
5. Three
more cases (Case No.691/1101/2019/01, Case No. 670/1101/2019/01 and Case No.
713/1101/2019/01) involving private buildings were also clubbed with this
suo-motu case. Based on the action taken
by the concerned owners of the said private buildings/ service providers, they
have been disposed of by separate orders.
6. The
above remaining two cases are being disposed of by this common order. On 12.02.2019, representatives of SDMC
informed that none of the markets in various sectors of Dwarka has been handed
over by DDA to SDMC. None appeared on
behalf of DDA. On 25.03.2019 Sh. Raghav
Alok, Panel Lawyer, who appeared on behalf of DDA submitted that he received
the case file only on 23.03.2019 and
sought 15 days time for filing a detailed reply.
7. Vide
RoP dated 27.03.2019, DDA was directed to provide the following information:
(i) Process / scheme under which various
markets in Dwarka came up;
(ii) The terms and conditions of allotment of
land and for construction of shopping complexes from where various facilities and
services would be provided;
(iii) The requirement of complying with the building
bye-laws, national building code;
(iv)
Regulatory / monitoring authority for
ensuring compliance with the statutory
bye-laws etc.
(v) Name and contact details of the original
allottees and the current owners / lease holders.
8. On
the next date of hearing on 03.05.2019, Sh. Raghav Alok, Counsel for DDA submitted
that necessary directions have been issued at the level of Chief Engineer,
Dwarka, Superintending Engineer/CC-2 and also by the concerned Executive
Engineers to their subordinates so that all the footpaths/ toilets/ community
halls of Dwarka Zone shall be made accessible for persons with
disabilities. He also submitted an
assurance signed by Executive Engineer, SWD/DDA which is marked to SE/CC-2/DDA,
CE(Dwarka), DDA that the work of making accessible all the foot paths/
toilets/community halls etc. of Dwarka Zone shall be completed within two years, if feasible.
9. On
being pointed out that the suo-motu case is about the markets in Dwarka which
comprises shops toilets, footpaths etc. and
the offices from where service providers are providing services, Sh. Raghav
Alok clarified that there has been some
typing error due to which ‘buildings / markets’ have not been typed in the assurance dated 16.04.2019. He produced an internal communication/
undertaking dated 04.04.2019 circulated by SE(HQ)DWK/DDA to SE/CC-@/DDA,
SE/CC-13/DDA, SE/CC-17/DDA, Chief Engineer(Dwarka) and all the EEs which mentions “community
hall/ buildings/ markets/ foot path/ toilets roads etc. Chief Engineer,
Dwarka vide letter no. CE (DWK) 12(16)19/Court case/1043 dated 03.05.2019 also
issued a corrigendum to the effect that the undertaking dated 04.04.2019 has
been given after discussion with the Panel Lawyer and as directed by the State
Commissioner for Persons with Disabilities.
10. As
regards the information sought vide Para 4 of the RoP dated 27.03.2019
reproduced in Para 7 above, Sh. Raghav
Alok submitted a copy of the internal
noting along with the terms and conditions of E-Auction for allotment of built
up shops/ offices / kiosks on free hold basis under the Delhi Development
Authority (Management Disposal of Housing Estate) Regulations, 1968. The said papers do not answer the questions raised
and information sought by this Court vide RoP dated 27.03.2019.
11. However,
in view of the internal directions issued to the concerned officers of DDA, the
assurance / undertaking given by them and the fact that obtaining the
information from the various Departments/ wings of DDA would be a long drawn
process, it is considered expedient to dispose of these cases.
12. Section 40 of the Act provides for
formulating the rules to lay down the standards of accessible physical
environment etc for persons with disabilities.
13. Rule 15 of the Rights of Persons with
Disabilities Rules, 2017 (the Rules) notified by Ministry of Social Justice and
Empowerment (Department of Empowerment of Persons with Disabilities) vide
notification dated 15.6.2017, provides that the standard for public buildings
as specified in the ‘Harmonised
Guidelines and Space Standards for Barrier free Built Environment for Persons
with Disabilities and Elderly Persons’ as issued by the Government of
India, Ministry of Urban Development in 2016, shall be complied by every
establishment.
14. Section 45 and Section 46 of the Act
mandate that all existing public buildings and the services shall be made
accessible for persons with disabilities within a period of 5 years (15th
June, 2022) and 2 years (15th June, 2019) respectively.
15. As per section 2(w) of the Act, “public
building” means a Government or
private building, used or accessed by the public at large, including a building
used for educational or vocational purposes, workplace, commercial activities,
public utilities, religious, cultural, leisure or recreational activities,
medical or health services, law enforcement agencies, reformatories or judicial
foras, railway stations or platforms, roadways bus stands or terminus, airports
or waterways.
16. Section 2(x) of the Act defines “public
facilities and services” as all forms of delivery of services to the public
at large, including housing, educational and vocational trainings, employment
and career advancement, shopping or marketing, religious, cultural, leisure or
recreational, medical, health and rehabilitation, banking, finance and
insurance, communication, postal and information, access to justice, public
utilities, transportation.
17. Section
89 of the Act also provides for punishment for contravention of the provisions
of the Act or rules or regulations made there under which may extend to Rs. 5
lakh.
18. As
the Govt. as well as private establishments are mandated to make “public buildings” and “public facilities and services” accessible within the specified dates and non-compliance is
punishable, it is important that the original allottees / lease holders /
current occupiers of the market / plots
on which the buildings / markets/ offices have been constructed and from where
services are being provided to the public are informed about the provisions of the Act
and directed to make their premises / facilities / services accessible to
persons with disabilities within the prescribed time frame.
19. In
the light of the above, following recommendations are made:
(i) DDA should submit an action
plan indicating the dates by which various markets under its control in Dwarka
shall be made accessible to persons with disabilities in accordance with the
harmonised guidelines issued by the Ministry of Urban Development, Govt. of
India referred to above. The action plan
should also include accessibility of
foot paths corridors, drinking water facility, toilets if any.
(ii)
A quarterly progress report as
on 30th June, 2019 onwards till the work is completed, shall be submitted by 10th July, 2019, 10th October, 2019 and so on.
(iii) DDA should issue a circular for
providing services, facilities in
accordance with the rules on accessibility to the owners, lease holders,
occupiers who are providing facilities and services from their premises to the public by 15
June, 2019, failing which
appropriate action should be initiated against the contraveners of the
provisions of the Act and the Rules.
(iv)
DDA shall make available the
list containing names/addresses/contact details of the original allottees and
the owners / lease holders / current occupiers to this Court before 15th June, 2019.
20. An
Action Taken Report on the above mentioned recommendations be submitted to this
Court within three months from the date of receipt of this order as required
under Section 81 of the Act.
21. Given
under my hand and the seal of the Court this 10th day of May, 2019.
( T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
Copy to:
1. The Principal Secretary, Urban
Development Department and Chairman, Monitoring Committee, 9th & 10th Level, C-Wing, Delhi Sectt., I.P Estate, New
Delh-110002 for information and necessary action.
2. The Secretary, Social Welfare Deptt.,
GLNS Complex, Delhi Gate, Delhi-110002.
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