Saturday, May 11, 2019

Suo Motu Vs. DDA & SDMC |Case No. 679/1101/2019/01/2242-2243 | Dated: 10.05.2019




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)

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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