Priya Varadan Vs. Commissioner, SDMC | Case No. 4/842/2014-Wel/CD/ 3145-47 | Dated: 28.11.2017

                    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 -02

(Ph. 011-23216002-04 Fax: 011-23216005 Email:comdis.delhi@nic.in

[Vested with powers of Civil Court under the Rights of Persons with disabilities Act, 2016]

Case No. 4/842/2014-Wel/CD/ 3145-47                                          Dated: 28.11.2017

In the matter of:

Smt. Priya Varadan

1, Gulmohar Enclave,

New Delhi-110049                                                                     ....................Petitioner           

Versus

The Commissioner,

South Delhi Municipal Corporation

Dr. S.P.M. Civic Centre,

New Delhi-110002.                                                                     ...........Respondent  No.1

Sh. Mukesh  Khanna

President of Gulmohar Enclave Resident Association (GERA)

Flat No. 161, Gulmohar Enclave,

New Delhi-110049.                                                                    .............Respondent No.2

                                                                                 

                                                                    ORDER

A Complaint dated 16.09.2014 was filed by Smt. Priya Varadan, a person with 60% disability (cerebral palsy with quadriplegia) requesting for a pathway measuring eight feet (8ft) from the approach of the house (wall) which will enable them to walk though and also call a car or an ambulance in time of emergency or necessity.

2.              The matter was taken up with Commissioner,  South DMC and President of Gulmohar Enclave Resident Association (GERA) on 08.12.2014 followed by reminders dated 23.12.14, 06.01.15 as no response was received from the respondents, hearings were held on 05.02.15, 05.03.15, 10.04.15, 11.05.15, 30.07.15, 02.09.15 and 18.11.15. The respondent informed that uneven portion immediately adjacent to the building had been done smooth with cement concrete for the convenience of the complainant. Further 8 feet wide area has been designated and provided for smooth flow of vehicles/ wheel chair in case of emergency. Photographs were also submitted. The complainant was contacted and she confirmed that the above work had been done. In view of this the complaint is disposed of.

                        Given under my hand and seal of the Court this 28^th day of November’2017.

(T.D. Dhariyal)     

    State Commissioner for Persons with disabilities

Dr. Nitesh Tripathi Vs. The Commissioner, North Delhi Municipal Corporation & PWD | Case No. 4/1302/2016-Wel/CD/ 2235-38 | Dated: 06.10.2017

Case Summary:

Dr. Nitesh Tripathi Vs. The Commissioner, NDMC & Another

Accessibility:Complainant submitted that the respondents hadn’t filed a case for not providing an accessible road to Kamal Vihar and requested to order an access audit of the road by deputing an officer to the Court. After communications, respondents submitted that the road in question does not fall under the jurisdiction of the NDMC or the PWD and that the I&FC Department is responsible for its’ construction and maintenance.

Recommendations: I&FC Department is advised to ensure proper accessibility wherever they construct/maintain civic road facilities. Complainant is advised to take up the matter with the concerned authorities and contact the Court in case of any further infringement of his rights.

Order / Judgement: 

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)

Case No. 4/1302/2016-Wel/CD/ 2235-38                                    Dated: 06.10.2017

In the matter of:                                                                  

Dr. Nitesh Tripathi

H.No. 241, Gali No. 11, B-Block,

Sant Nagar, Burari,

Delhi-110084.                                                                …………..Complainant

The Commissioner,                                                      The Engineer-In-Chief,

North Delhi Municipal Corpn.                                       Public Works Deptt.,

Dr. S.P.M. Civic Centre,                                               GNCT of Delhi,

New Delhi-110002.                                                      12^th Floor, MSO Building,

....Respondent No.1                                                    IP Estate, New Delhi-110002.         

………….Respondent 2

Date of Hearing :       29.09.2017

Present :                    Dr. Nitesh Tripathi, Complainant.

                                   None for respondent.

ORDER

The above named complainant,  a person with locomotor disability vide his email  dated 05.07.2016 submitted that the Public Works Deptt.(PWD) and North Delhi Municipal Corporation (North DMC) have not  filed a case for not providing accessible road to Kamal Vihar, near Chetan Bihari Temple Sant Nagar Burari, Delhi-110084.  He requested to order an access audit of the road by deputing an officer of the Court. 

2.         The complaint was taken up with the respondents vide communication dated 19.07.2016 followed by reminders dated 07.10.2016 & 15.11.2017.  Thereafter a hearing was scheduled on 27.12.2016.  As none appeared on 27.12.2016, another hearing was scheduled on 29.09.2017. 

3.         On 29.09.2017, Sh. Kapil  Gupta, Executive Engineer, Civil Lines Zone and Sh. Y.A. Zafari, Asstt. Engineer, appeared for Commissioner, North DMC and submitted the status report dated 26.09.2017.  As per the said report, the road in question has been recently constructed by the Irrigation and Flood Control Deptt.(I&FC).  A recent photograph of the road has also been enclosed. They further added that the area does not fall under the jurisdiction of North DMC or PWD.  As the area is an unauthorised colony, the I&FC Deptt. is responsible for construction and maintenance of the road.  Thus, no action is required by the maintenance division of North DMC.

4.         In view of the above submissions, there is no need for an access audit of the area at this stage.  I&FC Deptt. is advised to ensure proper accessibility for movement of persons with disabilities wherever  they construct / maintain any road or civic facilities. 

5.         The complainant is also advised to take up such matters with the concerned authorities and in the event such authorities do not take appropriate action on his complaint and his rights are infringed, the complaint may then be filed before the Commissioner for Persons with Disabilities in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 and the Rules framed thereunder.

6.         The matter is disposed of accordingly.

                 

7.       Given under my hand and the seal of the Court this 06th day of October, 2017.     

( T.D. Dhariyal )

State Commissioner for Persons with Disabilities

Copy to:

Chief Engineer, I&FC Department, L.M. Bund Office Complex, Shastri Nagar, Geeta Colony, Delhi.