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-110002
Phone: 011-23216003-04, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the Rights of Persons with Disabilities Act, 2016]
Case No. 2139/1083/2021/03/1599-1600 Dated:14-09-21
In the matter of:
Sh. Bankey Lal Prashad,
D-81, Ramchander Enclave,
Mohan Garden, Uttam Nagar,
New Delhi-110059. ....……Complainant
Versus
The Commissioner,
South Delhi Municipal Corporation
9th Floor, Dr. SPM Civic Centre, JLN Marg,
New Delhi-110092 ..........Respondent
D.O.H.: 09.09.2021
Present: Sh. Bankey Lal Prashad, Complainant.
Sh. Satya Prakash Kumar, Admn.Officer/WZ and
Sh. Dharam Prakash, Asstt. Section Officer appeared on behalf of Respondent
ORDER
The complainant, a person with 59% locomotor disability vide his complaint dated 01.03.2021 alleged that before 15.01.2018 he used to run a tehbazari shop at Transport Authority, Janakpuri District Centre, New Delhi but due to imprisonment and Covid pandemic he could not continue to run his shop w.e.f. 15.01.2018 to 25.01.2019. Now when he tries to run his shop / squat at that place, local Police and South DMC staff do not allow him to do so. He also mentioned that at present survey of vendors is under process and if he is not allowed to squat at that site his name would not be included in the survey and he will not get the benefits resulting from the survey in future.
2. The matter was taken up with the respondent vide letter dated 11.03.2021 for submission of their comments. Addl. Dy. Commissioner West Zone, South Delhi Municipal Corporation vide his reply dated 07.09.2021 informed that the concerned Licensing Inspector of Ward 15-S has not seen Sh. Bankey Lal squatting at Authority Janakpuri near Police station, District Centre. Sh. Bankey Lal submitted copy of Challan G8 No. 60632 dated 09.10.2015 and in this challan site is Nawada Metro station, Metro Pillar No. 731. Earlier in case number 4/962/2015-Wel/CED/182 dated 27.04.2015, the then Asstt. Commissioner West zone vide his letter dated 08.05.02015 stated that all such applications are pending in West Zone and due to lack of paucity of space of squatting sites in West Zone, no PCO booth is allotted since 2005. However, the case would be considered on the basis of seniority and merits as and when site is available. Thus, it is evident from the Challan enclosed by the applicant that Sh. Bankey Lal Parshad, S/o Nagina Parshad squat at Nawada Metro Station, Metro Pillar No. 731. Further presently survey of street vendors is under process and any grievance in this regard would also be taken up by Zonal Town Vending Committee after the survey. Thus, it was requested to file the case of Sh. Bankey Lal Prashad.
3. To resolve the matter and dispose the petition of the complainant, a hearing was held on 09.09.2021. Representatives of respondent and complainant were present. Complainant inter-alia submitted that being a person with disability he is facing great difficulty in earning his livelihood so he should be given permission to run his shop/vending at Janakpuri Transport Authority.
4. Sh. Satya Prakash Kumar, Administrative Officer and Sh. Dharam Prakash, Asstt. Section Officer/Licensing Inspector appeared on behalf of respondent. It was reiterated that no PCO booth was allotted to the complainant and the Challan submitted by complainant is for Nawada Metro Station Metro Pillar No. 731. There is no proof that he was vending from the site of Janakpuri Transport Authority. However, the name of complainant is registered in the waiting list S.No. 9. It was submitted by the MCD officials that the survey of street vendors is under process and any grievance in this regard would be taken up by Zonal Town Vending Committee after completion of survey.
5. State Commissioner expressed his concern about the fact that being national capital, Delhi should be setting examples of high standards for all others to follow. Municipal Corporations and Local Police should effectively work towards the illegal squatting / tehbazari on footpaths, pedestrians and roads. Besides the menace to general public, senior citizens and especially for persons with disabilities, it is an ugly site avoidable in the national capital. Further while issuing tehbazari license, the three basic rules of tehbazari should be kept in mind firstly it is meant for a temporary period; secondly beyond five years it is expected that particular tehbazari person improves his economic condition and moves out of tehbazari slot and thirdly it is not transferable.
6. Needy persons with disabilities also have rights to earn their livelihood in a dignified manner. Hence, there is an urgent need to make balance of both the aspects. It is the duty of local Police and Municipal Corporations and other concerned departments to regulate this issue of street vending / tehbazari and take appropriate actions to identify safe / ideal sites for such activities. It should not be like it is currently seen in some places of Delhi as uncontrolled, unregulated, over crowded with free for all sites which cause difficulty for any normal citizen to access the markets or encroached footpaths line above persons with disabilities.
7. After due deliberations and discussion, the Court recommends as under:
(i) Court directs respondent to hasten up the process of survey of street vendors and allotment of vending sites by the Zonal Town Vending Committee considering the facts that genuine and needy persons with disabilities may be given chance of earning their livelihood and live in a dignified manner.
(ii) Accordingly, complainant should be given allotment as per S.No. No. 9, ID.No. 160472 on the basis of his seniority / merits after completion of survey process by Zonal Town Vending Committee.
8. The case is disposed of.
9. Given under my hand and the seal of the Court this 10th day of September, 2021.
(Ranjan Mukherjee)
State Commissioner for Persons with Disabilities
No comments:
Post a Comment