Dr. Ram Kishan Vs. North Delhi Municipal Corporation & Ors | Case No. 4/649/2014-Wel/CD/2726-2737 | Dated:13.06.2019

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. 4/649/2014-Wel/CD/2726-2737         Dated:13.06.2019

In the matter of:

Dr. Ram Kishan,

224, Sarai Pipal Thala,

Delhi-110033.                                                             …..Complainant

                                     

Versus

Dy. Commissioner,

North Delhi Municipal Corporation (City Zone),

S.P. Zone,

New Delhi-110006.                                               .......Respondent No.1

Joint Commissioner of Police (Traffic),

Dev Prakash Shastri Marg,

Toda Pur, Opposite Pusa

Delhi 110012                                                        .......Respondent No.2

Chief Engineer (East) PWD Roads,

3^rd Floor, MSO Building, I.P. Estate,

New Delhi-110002.                                               .......Respondent No.3

Dy. General Manager (Delhi Gate), MTNL

2^nd Floor, Room No. 27, Telephone Exchange,

Delhi Gate, New Delhi-110022.                            .......Respondent No.4

         

Commissioner,

North Delhi Municipal Corporation,

4^th Floor, Dr. S.P.M. Civic Centre,

J.L.N. Marg, New Delhi-110002.                          ..….Respondent No.5

2.    Case No. 370/1101/2018/07/                            Dated:

In the matter of:

Dr. Nitesh Tripathi,

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

Sant Nagar, Burari, Delhi-110084.                            …..Complainant

                                     

Versus

The Ex. Engineer (Civil), PWD, GNCTD,

Lok Nayak Setu, Western Yamuna Bank,

ITO, New Delhi-02.                                              .......Respondent No.1

The Commissioner,

North Delhi Municipal Corporation,

4^th Floor, Civic Centre,

New Delhi-110002.                                            .......Respondent No. 2

The DCP (Central)

Delhi Traffic Police,

Kamla Market Police Station,

New Delhi-02.                                                    .......Respondent No.3

The Secretary,

Department of Social Welfare, GNCTD,

GLNS Complex, Delhi Gate,

Delhi-02.                                                           .......Respondent No.4

                             

Date of hearing: 03.06.2019

Present:   Sh. Anish Mehta, GM (East) alongwith Sh. Rajesh Jetly, AM DG and Sh. Susheel Kumar Sharma for MTNL.

                 Sh. Lokesh Kumar Meena for PWD.

                

ORDER

Dr. Ram Kishan, Ms. Seema, Ms. Sandhya and Sh. Sandeep Kumar vide their joint complaint dated 23.05.2014 submitted that the current location of the office of Commissioner for Persons with Disabilities, Govt. of NCT Delhi was totally inaccessible due to encroachment of roads despite Govt. of India, Hon’ble Supreme Court and Hon’ble High Court of Delhi emphasizing on the need to make public offices, hospitals, schools etc. easily accessible to persons with disabilities.  The right of way on Ranjit Singh Marg and Mirdard Marg has been fully encroached by motor repair workshops, vendors and hawkers making it extremely difficult to access the office of Commissioner for Persons with Disabilities.  These roads are also being used for open defecation/urination and it is a harrowing experience to visit the office.  They requested that the matter should be taken up with North DMC, Delhi Traffic Police and Public Works Department for removal of encroachments.  MTNL had also constructed the pillars in the middle of footpath. 

2.       The then Commissioner for Persons with Disabilities, Sh. K.S. Mehra took up with the Deputy Commissioner, City Zone, North DMC, DCP Central, DCP Traffic Central, Chief Engineer PWD (roads) and Deputy General Manager, MTNL vide notice dated 20.06.2014.  Hearing in this case have been going on since then with very slow progress over the last almost five years.

3.       The sewer lines of this office and the neighbouring areas which are largely encroached, also started chocking.  There have been occasions when entire office would get flooded with sewer and drainage water.  Vehicles had to be deployed to ferry the office staff from outside the Mirdard Complex whenever there was even little rain as the entire road from the intersection to the office would get flooded due to the chocked drainage and sewage line.  The office complex of this Court naturally became a mosquito breeding place throughout the year resulting in the staff often falling sick. 

4.       Another complaint from Dr. Nitish Tripathi, which was registered as case no. 370/1101/2018/07, was received vide email dated 01.07.2018.  He also pointed out that the road leading to the office of State Commissioner for Persons with Disabilities is usually occupied by encroachers, unauthorized vehicles and persons with disabilities could be injured.  He requested that all the public roads connecting the office must be barrier free and signal free so that persons with disabilities could visit the office without any hurdles.  Many other wheelchair users, crutch users, persons with blindness, low vision as well as hearing impairment have difficulty in reaching the office.  It is very scary for people with disabilities to cross the road at the traffic intersection at Ranjit Singh Marg.

5.       The efforts to open an entry to the office from Maharaja Ranjit Singh Road have not met with any success as Maulana Azad Medical College to whom a portion of the land belongs has refused to part with any part of it on the ground that the same has been earmarked for setting up of a Child Development Centre, though no activity is seen during the last 7 years.  Consequently, the visitors have to take a circuitous route to reach this office from one of the most congested and encroached areas making it a harrowing experience. 

6.       In view of poor accessibility to the office, persons with disabilities are given the option of being heard on telephone.  While it is good to make the redressal mechanism less demanding; but doing so because of poor accessibility of the office of the State Commissioner for Persons with Disabilities in the National Capital is a matter of serious concern for all stake holders especially the concerned authorities.   

7.       Sh. K.S. Mehra held 9 hearings in one and a half years besides taking up demi-officially with the Commissioner of Police and Commissioner of North, DMC.  Thereafter, 15 hearings were held. 

8.       Despite all these efforts, the area has filth all around and the encroachment galore.  The footpath along the main road is too high even for an able bodied person to climb up and step down.  The cuts on the footpath have no slopes and are encroached illegally.  The Civic and the Police authorities seem to be ineffective.  The traffic chokes during the entire afternoon on the connecting roads to the office as a large number of people who come to the mosque for prayer on Fridays park their cars, two wheelers, auto-rickshaws.  It used to be a nightmare for people with disabilities to pass though that area. 

9.       During the hearings, I have experienced that the concerned authorities would not take action and wait till the date of next hearing and not feel responsible to proactively comply with the provisions of the Act, the bye-laws and the guidelines, etc.  Action to remove the encroachments is taken only on days closer to the dates of hearings or after the hearings. 

10.     It was only after Smt. Varsha Joshi, joined as the Commissioner of North DMC that effective action on the request of State Commissioner to lay the sewage line was taken and the problem of over flowing sewage has been addressed.  For laying the cemented road connecting the office of the State Commissioner, Officers of PWD who attended the hearings took the initiative and suggested a recommendation of this Court for sanctioning the funds from MLA’s LAD fund. 

11.     During the last nearly 5 years, the Traffic Police has been giving the details of number of persons challaned and the number of vehicles towed away and the North DMC informed about the food hygiene raids conducted; but the primary issue of free and safe access for persons with disabilities to the office of the Commissioner for Persons with Disabilities has not been fully addressed.  MTNL has taken 5 years to remove the pillars and that too after the presence of the General Manager of the area was ordered on 03.06.2019.

12.     It has also been observed that the encroachers—vendors, taxis, autos, rickshaws return soon after the encroachment removal drive is conducted and vehicles are towed away by North DMC and Delhi Police.

13.     Section 45 of the Rights of Persons with Disabilities Act, 2016, hereinafter referred to as the ‘Act’ provides as under:

“(1) All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules:

Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters.

(2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.”

14.     The time limit for providing services in accordance with the Rules on accessibility formulated by the Central Govt. under Section 40 of the Act for service providers (Govt. as well as private) is two years from the date of notification of such Rules.  Rule 15 of the Rights of Person with Disability Rules 2017 (Rules) notified on 15.06.2017 requires that every establishment (Govt. as well as private) shall comply with the standards for public buildings as specified under the Harmonized Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons issued by Ministry of Urban Development in March 2016.

15.     Section 89 of the Act also provides for punishment for contravention of provisions of the Act or Rules or regulations made thereunder and reads as, “Any person who contravenes any of the provisions of this Act, or of any rule made thereunder shall for first contravention be punishable with fine which may extend to Rs. 10,000/- and for any subsequent contravention with fine which shall not be less than Rs. 50,000/- but which may extend to Rs. 5,00,000/-.”

16.     This Court registered a suo motu Case No. 4/1665/2017-Wel/CD/ vide notice dated 19.07.2017. In the said case, 14 Departments/ organizations including North DMC and PWD are the respondents.  All the concerned respondent Departments have submitted their respective action plans to make the physical environment and transport accessible for persons with disabilities within the prescribed time limit by 15.06.2022.  A Monitoring Committee under the Chairmanship of Principal Secretary, Urban Development, Govt. of NCT of Delhi has also been constituted to monitor implementation of the Action plans and ensure accessibility of physical environment and in accordance with the prescribed standards.

17.     Despite specific and clear provisions in the Act/Rules/ guidelines and repeated directions, clarifications and training by this Court, the concerned authorities have not been able to ensure barrier free access in accordance with the prescribed standards till date even to the office of the State Commissioner for Persons with Disabilities in the National Capital.  This actually amounts to contravention of the provisions of the Act, the Rules and the guidelines and would attract penal action under Section 89 of the Act.

18.     Although the problem of access to the office of the State Commissioner for Person with Disabilities has not been solved fully, yet it is considered expedient to dispose of the cases as one of them is pending for more than 5 years. 

19.     In light of the above, the following recommendations are made:

i)             The Delhi Police should effectively regulate the traffic at the intersection on Maharaja Ranjit Singh Road by deploying traffic police within 10 days of receipt of this order and ensure compliance of the traffic signals which at present is not complied by the motorists, cycle rickshaws and pedestrians creating a complete chaos.
ii)            Delhi Police should deploy adequate number of personnel to prevent any encroachment and minimise the need for removal of encroachment/unauthorized parking of vehicles within 10 days of receipt of this order.
iii)           Delhi Traffic Police and North DMC should jointly conduct awareness and sensitisation programmes to educate the residents, traders and hawkers and seek their participation in making the area accessible and keeping it clean.
iv)          Delhi Police and North DMC should conduct encroachment removal/ unauthorizedly parked vehicles removal drives more frequently and more effectively to ensure that the road and footpaths are free of barriers for safe movement of persons with disabilities to the office of State Commissioner for Persons with Disabilities.  It should be ensured that there are no barriers on tactile path laid on the left side of the connecting road to the office, which is meant for independent and safe movement of persons with blindness.
v)            The Police and the civic authorities should revisit the area soon after the raids/drives as most of the encroachers return to their original places shortly after the drive.
vi)          North DMC should ensure that the entire area is free of filth, unauthorized vendors and other barriers to the movement of humans on the foot paths/ roads.
vii)         PWD should install signages “Office of the State Commissioner for Persons with Disabilities, GNCT of Delhi” at appropriate height and as per the standard prescribed in the Harmonized Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons issued by Ministry of Urban Development, on the left side of the roads at Barakhmba Road traffic intersection Maharaja Ranjit Singh Road before the traffic light and at the Mirdard Road within 30 days of receipt of this order.
viii)        PWD should reconstruct the footpaths on all the nearby roads leading to the office of the State Commissioner for Persons with Disabilities strictly as per the prescribed standards within 30 days of receipt of this order.
ix)          DGM, MTNL is directed to properly repair the footpath which has been broken while removing the pillar.
x)            Social Welfare Department should immediately take up with the MAMC, North DMC, PWD etc. to open an entry to the office of State Commissioner from Maharaja Ranjit Singh Road and, if necessary, intervention of the Chief Secretary should be sought within 30 days of receipt of this order.

20.     Action taken on the above recommendations be intimated within 3 months from the date of receipt of this order as required under Section 81 of the Act.

21.     All the concerned respondents are advised to take appropriate action within the prescribed time as otherwise, it would amount to contravention of the provision of Section 81 of the Act and attract action under Section 89 of the Act.  Section 81 of the Act is reproduced below:

“Whenever the State Commissioner makes a recommendation to an authority in pursuance of clause (b) of section 80, that authority shall take necessary action on it, and inform the State Commissioner of the action taken within three months from the date of receipt of the recommendation:

Provided that where an authority does not accept a recommendation, it shall convey reasons for non-acceptance to the State Commissioner for Persons with Disabilities within the period of three months, and shall also inform the aggrieved person.”

22.     The complaints are disposed off.

23.     Given under my hand and seal of the Court this 13^th June, 2019.

  

                                                                 (T.D. Dhariyal)

           State Commissioner for Persons with Disabilities

Copy to :
1.    Sh. Anish Mehta, GM, MTNL, Tis Hazari Telephone Exchange. Email: gme@bol.net.in