Case No. 2146/1101/2021/02/1493-96 Dated: 08/09/2021
In the matter of:
Flat No. 323, Chandanwari Apartment,
Plot no. 8, Sector 10, Dwarka,
New Delhi-110075
Email: jsraghav323@gmail.com ……………Complainant
Versus
The Vice Chairman
Delhi Development Authority
D Block, VikasSadan, INA,
New Delhi-110023. .……………Respondent
Date of Hearing: 07.09.2021
Present: Sh. Jayant Singh Raghav, Complainant
Sh. Youvraj Singh, father of Complainant
Sh. Ajay Kumar Saroj, Director (Building) &
Sh. YogeshTyagi, Dy. Director (Building), DDA on behalf of respondent
ORDER
The above named complaint, a person with visual impairment, submitted a complaint vide his email dated 06.03.2021,under the Rights of Persons with Disabilities, Act 2016, hereinafter referred to as the Act,regarding inaccessibility of extension work of flats in Chandanwari Apartments, Dwarka.The complainant further requested that construction work be stopped,accessibility audit of the infrastructure be conducted and if required penalty be imposed.
2. The matter was taken up with the President, RWA, Chandanwari Apartments, Dwarkavide letter dated 19.03.2021. The Presidentof the RWA, Chandanwari Apartments vide letter dated 04.04.2021 responded that RWA is bound to ensure equality of rights and accessibility to Persons with Disabilities.Complainant has not disclosed any particular instance or fact of violation of rights of Persons with Disabilities. He has simply pointed out that rights are being violated without specifying how they are being violated. Further, it was submitted that construction work in question in the present complaint was undertaken by the RWAafter taking the prior approval of DDA and other Development Authorities. All the Architectural plans were duly submitted with DDA and other concerned authorities and due procedure was adopted for obtaining the approval. Needless to say that DDA and other development authorities took into consideration all the guidelines issued by the different government departments with respect to construction of public building and facilities for Persons with Disabilities. It was also submitted that all the guidelines issued by the government from time to time are complied with and the infrastructure project being constructed is in complete harmony with National Building Code, Harmonized Guidelines and Space Standards for Barrier free Built Environment for Persons with Disabilities and Elderly Persons in March, 2016 and other guidelines issued by appropriate Government from time to time. In addition to various facilities, Infrastructure project in question is comprises of ‘electronic lift’ for smooth and comfortable accessibility of Persons with Disabilities to any floor.
3. Further, RWA submitted that lift area is accessible for PwDs by the way of proper spaces ramps. Moreover, adequate care had been taken make parks and recreation areas accessible for PwDs by constructing enough ramps around such facilities and that parking area constructed is in accordance with the parking infrastructure as mandated by various guidelines of the government.
4. RWA’s effort to make the building accessible for PwDs is limited to the common space only. Occupant of the individual flat is at liberty to design the interiors of its accordance with its own choice.
5. RWA also submitted that the complainant has sought relief to stop the construction work with immediate effect. This relief cannot be granted in the light of law laid down by legislature and also cited judgment of Hon’ble Supreme Court in the case of State Bank of Patiala &Ors. V.Vinesh Kumar Bhasin (2010)4 SSC 368.
6. The comments of RWA were sent to the complainant vide this office letter dated 13.04.2021. Complainant vide email dated 27.04.2021 submitted his rejoinder.
7. The matter was taken up with the Vice Chairman, DDA vide this office letter dated 18.06.2021followed by reminder dated 02.08.2021 to conduct and Access Audit of Chandanwari Apartments and to submit an Access Audit Report to this office.No response was received from DDA. VC, DDA was, therefore, impleaded as Respondent and a hearing was scheduled on 07.09.2021 vide summons dated 27.08.2021.
8. During the hearing,complainant reiterated submissions. DDA submitted the status report on the complaint of Sh. Jayant Singh Raghavwith respect to provisions of UBBL-2016 with reference to Persons with Disabilities.
9. It was submitted that the scheme was sanctioned on 26.09.1995 after receiving NOC from DFS and DUAC, D Form issued on 19.06.2000, POC was issued on 30.01.2002 and revised sanctioned was granted on 23.08.2019 after receiving NOC from DUAC, DFS.
10. It was further submitted that as per the Unified Building Bye Laws (UBBL), 2016, Chapter 11, Clause 11.0, [modified vide SO no. 668(E) dated 12.02.2020], the provisions for Universal Design for Persons with Disabilities are applicable to the common areas in the ground level/stilts for Residential Group Housing.In this case, there is no stilt and therefore the provisions of design for Persons with Disabilities are to be provided for common areas at the ground floor as per chapter 11.0 of UBBL 2016.The provisions are to be provided by the Managing Committee of the Society.
11. The matter was discussed at length with both the parties. After due deliberation and discussion held, it was recommended as under:
(i) DDA should conduct an Access Audit of Chandanwari Apartments and bring out the deficiencies, if any.
(ii) President and the Society Authorities of the Chandanwari CGHS Limited, Dwarka to ensure all the accessibility norms in the common area, lift area, proper signages, tactile etc., are fitted/retrofittedas per the RPwD Act, 2016 and Harmonised guidelines and Space Standards for Barrier free built environment for Persons with Disabilities and elderly persons, issued by Ministry of Urban Development, Govt. of India.
(iii) RWA/Society Authorities should adhere to the timings with respect to construction work, if any being carried out in the society premises as per the National Building Code of India)MBC) guidelines & norms i.e. 10:00 hours to 17:00 hours only.
(iv) DDA should also get the Standard norms enforcements checked in the society premises & report compliance or deviations if any, to this court before 90 days from the date of receipt of this order.
12. This court be informed of the action taken on the above recommendations within three months from the date of receipt of this office as required under section 81 of the RPwD Act, 2016.
13. The complaint is disposed of.
14. Given under my hand and the seal of the Court this 07thday of September, 2021.
Copy to:
1. The President, Chandanwari CGHS Limited, Plot No. 8, Sector-10, Dwarka, New Delhi-110075: (For ensuring the implementation of recommendations mentioned above and appraise this court of the action taken within three months from the date of receipt of this order)
2. The Registrar, Cooperative Societies, GNCT of Delhi, Parliament Street, New Delhi-110001. (For appointing an Administrator, in case accessibility norms are not ensured by the Chandanwari CGHS Limited)
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