Pooja Rana Vs. The Principal, EDMC Pratibha Vidyalaya (Girls) | Case No. 2612/1101/2022/05/6114-6117 | Dated:21-07-2022

 

In the Court of the 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-23216001-04, Email: comdis.delhi@delhi.gov.in

[Vested with powers of Civil Court

under the Rights of Persons with Disabilities Act, 2016]

Case No. 2612/1101/2022/05/6114-6117                        Dated:21-07-2022     

In the matter of:

Ms. Pooja Rana,
Teacher,
EDMC Pratibha Vidyalaya (Girls),
Dayalpur-1, Delhi.          ………………..Complainant

Versus

The Principal,
EDMC Pratibha Vidyalaya (Girls),
Dayalpur-1, Delhi.     ... ..…………..Respondent 

Date of Hearing :   19.07.2022 

Present:   Ms. Pooja Rana, Complainant

                          Ms. Poonam Rani, Principal, Respondent. 

ORDER

A complaint dated 12.04.2022 of Ms. Pooja Rana, working as teacher on contract basis in EDMC Pratibha Vidyalaya (Girls), Dayalpur-I, Delhi is received from the Court of Chief Commissioner for Persons with Disabilities vide letter dated 11.05.2022 under the Rights of Persons with Disabilities Act, 2016, hereinafter referred to as the Act.  The complainant submitted that the toilets at EDMC School, Dayalpur-I was not accessible for Children with Special Needs/PwDs and often the toilet for PwDs of the school remains locked.  Thus, not available for use causing difficulties for students.  This has been one of the main reasons for absenteeism  and school drop out specially for the girl students with special needs.   

2. The matter was taken up with Director of Education, East Delhi Municipal Corporation (EDMC), The Deputy Commissioner, Shahdara North Zone, EDMC and the Principal, EDMC Pratibha Vidyalaya (Girls), Dayalpur-1, Delhi vide  Show Cause Notice dated 24.05.2022.  

3. The Principal, EDMC Pratibha Vidyalaya (Girls), Dayalpur-1, Delhi vide reply received in this Court on 24.06.2022 submitted that toilet block in the school is available for PwD children constructed according to prescribed norms by the Building Department of EDMC.  The toilet was kept locked temporarily keeping in view the security and cleanliness, also to ensure that no outsider uses the toilet and no untoward incident occurs. The toilet is not kept closed permanently.  There are 16 toilet blocks out of which 7 are earmarked for Children with Special Needs and PwDs.  It was further submitted that the complainant had not complained about these problems in writing or orally to the school authorities.  It was assured by the incharge school that any problem that occurs are taken care of immediately.

4. The reply of the respondent was forwarded to the complainant for submitting rejoinder, if any.  The complainant vide rejoinder received in this Court on 29.06.2022 submitted that why only the toilet for meant CWSN or PwDs are kept closed ?  She alleged that CWSN and PwDs are discriminated and added that out of 16 toilets in the school, not even a single one have ramp for easy accessibility of PwDs and in addition the toilets are always dirty.  Cleaning of toilets are a must. She also alleged that the principal pressurizes her to take her complaint filed in this court back and is not signing the papers relating to extension of her contract as a teacher.  The principal also threatens to transfer her from the present school.

5. Taking into account the reply of the respondent and rejoinder of the complainant, a hearing was scheduled on 19.07.2022.  During the hearing, the complainant reiterated her submissions and further added that there is a student named ‘Arti’, who uses a wheel chair and finds it difficult to use the toilet as there is a makeshift ramp made in one toilet, which even is not proper. The toilets for PwDs at new building of the school always remains locked.  Commode (Indian Style) in the toilet is broken and when Incharge was contacted for this problem, she misbehaved with the complainant and threatened to transfer her.  Also there is no drinking water facility in the school.   The R.O. procured was never installed.  All the students and teachers have to bring own water.  She also alleged that incharge of the school Mrs. Poonam Rani is local of the area and lives nearby the school and she often goes to her house for break, having tea snacks, lunch etc. 

6. Respondent submitted that as far as cleaning of toilets is concerned, there is only one sweeper in the school for the class rooms and 16 toilet blocks.  She has brought this aspect to the notice of higher authorities without any solution so far.   She also submitted that R.O. is not working at present but will be installed/repaired soon.

7. After listening to both sides and due deliberations on the subject, it is observed by the Court that school faces severe crunch of sweepers to keep the school premises and the toilet blocks clean. There may be a tendency to keep some toilets locked to avoid overuse by some individuals.   Taking into consideration the genuine grievance of the complainant and the reply submitted by the respondent, the following orders are made:-

(i) Commissioner(MCD) / Deputy Commissioner(MCD) should take cognizance of lack of cleaning manpower of the school with almost 4000 students attending daily.  Area Sanitary Inspector should be directed to supplement cleaning manpower for couple of hours per day and the services of local sweepers of the area should be diverted to the school to keep the toilet blocks spick and span.

(ii) For Children with Special Needs/PwDs, it is recommended that Western Style Commode be provided in the toilets of the school and in all other MCD schools to facilitate the CWSN and PwDs which is basic need and MCD being a civic body should be able to resolve such basic needs of the students and teachers without much difficulty.

(iii) Respondent Principal is directed to ensure that the toilets for Children with Special Needs/PwDs are accessible, clean and not locked.   

(iv) Respondent Principal is also directed to install the R.O. or get the R.O. repaired, if need be and the same be made functional immediately so that there is no scarcity of drinking water for students and staff of the school.

(v) Regarding the transfer of the complainant – if that is done with administrative requirement and procedure, this Court does not want to interfere but it needs to be ensured that such decisions are not the outcome of mere diversionary tactics adopted to silence the voice demanding justice for a group (in this case for Children with Special Needs).  Concerned authorities may also take due notice of some other factors brought out by the complainant against the incharge and deal with the same as deemed fit.

8. The case is closed with the above recommendations and action taken be intimated to this court within 15 days from the date of receipt of this order.

9.     Given under my hand and the seal of the Court this 21st day of July, 2022. 

 (Ranjan Mukherjee)

      State Commissioner for Persons with Disabilities

Copy to:-

1. The Commissioner, Municipal Corporation of Delhi, Civic Centre, S.P. Mukherjee Marg, New Delhi-110002.

2. The Deputy Commissioner, Shahdara North Zone, MCD, Keshav Chowk, G.T. Road, Near Shyam Lal College, Shahdara, Delhi 110032.

SUO-MOTU regarding accessibility to Hospitals | Case No. 2552/1101/2022/04/5783-5846 | Dated: 30-06-2022

 In the Court of the 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-23216003-04,   Email : comdis.delhi@delhi.gov.in

Case No. 2552/1101/2022/04/5783-5846                        Dated: 30-06-2022

In the matter of :

SUO-MOTU regarding accessibility to Hospitals        ....Petitioner

Versus

As per enclosed list  (65 respondents)                       ..........Respondents

ORDER

        Several complaints were received in this Court wherein it was brought to the notice by several persons with disabilities about difficulty with respect to ‘Accessibility’ to hospitals in NCT of Delhi for receiving treatment/healthcare. There are many obstructions/barriers/ encroachments by squatters/ vendors/ illegal parking etc. at the entrance of several hospitals. Local Bodies, Local Police and Traffic Police besides the hospital authorities are responsible for providing easy and safe accessibility to PwDs as per the RPwD Act, 2016 which is also true for general public mainly for senior citizens, women and children.

2. Section 25(1)(b) of the RPwD Act, 2016  mandate that the appropriate Government and local authorities shall take necessary measures for the PwDs to provide “barrier-free access in all parts of Government and private hospitals and other healthcare institutions and centres.”  

3. It is the duty of all the road owning agencies, traffic police and local police including the hospital authorities to make entrance to all hospitals encroachment free including removal of all illegal parking.  All entry and exit points of hospitals have to be declared “No Hawking and No Vending zones with Zero Tolerance towards any type of blockage to accessibility. 

4. It has been often seen that  in and around of several hospital premises, besides entrances are crowded/blocked with relatives, caregivers and attendants of patients who are unable to afford boarding and lodging being poor or from the BPL category.   

5. Section 80 (b) of the Act provides that State Commissioner shall  inquire, suo motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action.

6. A suo motu cognizance was taken under Section 80 of the Act and the respondents were accordingly directed to show cause vide notice dated 04.07.2022 followed by reminders dated 11.05.2022 and 27.05.2022 as to why the existing built environment meant for public use in the National Capital Territory of Delhi should not be made fully accessible and made completely encroachment free for persons with disabilities as mandated in the Act, the Rules and the guidelines.  

7. Inspite of reminders, some authorities/hospitals did not respond which includes the civic authorities like MCD, PWD.  This Court has taken a very serious view of it.  Attention of all concerned is invited to Provision of Section 93 of the Act which is reproduced below:-

93. “Whoever, fails to produce any book, account or other documents or to furnish any statement, information or particulars which, under this Act or any order, or direction made or given thereunder, is duty bound to produce or furnish or to answer any question put in pursuance of the provisions of this Act or of any order, or direction made or given thereunder, shall be punishable with fine which may extend to twenty-five thousand rupees in respect of each offence, and in case of continued failure or refusal, with further fine which may extend to one thousand rupees for each day, of continued failure or refusal after the date of original order imposing punishment of fine.”

8. In response to the instant Suo Motu & show cause notice, most of the hospital authorities have responded that Accessibility for PwDs inside the hospital premises  are being maintained and various other services are also being provided to facilitate PwDs.  Helpers also have been deputed on the entry/exit gates of the hospital to help the PwDs.  However, with respect to encroachment on footpaths in front of the hospitals and surrounding areas of the hospital, civic authorities/police authorities are responsible to remove it and the hospital authorities  are continuously writing to these authorities for removing the illegal encroachment.  Concerned civic authorities and police authorities have been repeatedly requested to  remove illegal squatters/vendors.

9. Police/Traffic Police authorities replied that during last year i.e. in 2021, a total 14,617 e-challans & 34,729 VoCA(Violation on Camera App.) notices were issued and during current year, 4096 e-challans and 11,700 VoCA notices were issued till 20.04.2022 against the violators in front of  Essential Service i.e Primary Health Centres, Civil Hospitals, Schools, Railway Stations and Bus Stops . The Road Safety programmes for sensitising other stakeholders like Bus- Drivers, commuters, students and other road user etc. regarding the captioned matter would be done by the Road Safety Cell of Delhi Traffic Police. Further, Delhi police Including Delhi Traffic Police will ensure that accessibility of the Persons with Disabilities would be barrier free. Moreover, it is pertinent to mention here that Delhi Police regularly writes letters to Civic Agencies to remove encroachment from the footpaths and carries out Joint Drives on regular basis for removal of encroachment.

10. This court did carry out survey of some of the hospitals and it was observed that entrance and exist points were not fully accessible and the footpaths around the hospitals were encroached by vendors and hawkers etc. and vehicles were also parked on the footpaths, blocking right of way for PwDs  & others as well.   

11. It is also brought to the notice of all that In pursuance of the provisions of the above-mentioned Sections, Department of Law, Justice & Legislative Affairs, vide notification No.1/19/2018-Judl/.Supdtlaw dated 19.08.2019, has designated the Court of Additional Sessions Judge-02 in each District within the jurisdiction of Delhi as Special Court to try the offences under the RPwD Act, 2016.  Also, Department of Home, vide notification No.8/237/2019/HP-II/4610-4623 dated 28.11.2019, had conferred the powers of Special Public Prosecutor under the Act upon each of the Additional Public Prosecutors attached with the Courts of ASJ-02/Special Courts/Designated Courts, designated as Special Public Prosecutor to deal with cases under RPwD Act, 2016.  

12. It is stressed that accessibility is one the major components of the RPwD Act, 2016 which needs to be implemented in true letter and spirit.  The implementing agencies should work towards this aspect diligently and in a time bound manner.  

13. There is no doubt that Civic Agencies have to play the most vital role in making this  barrier and encroachment free environment for Persons with Disabilities in a time bound manner.  Keeping in view the replies by the hospital authorities and the current state of affairs on ground zero, following recommendations are made:- 

(i) Implementing the “Accessibility aspect with reference to RPwD Act, the Civic authorities need to refresh the time line, as earlier one fixed on 15th June 2022, has expired.  It is felt that an extension of 45 days i.e. 30th July 2022 should be the effective date vide which all civic bodies, MCD, PWD, NDMC, Delhi Cantonment Board, DUSIB etc. are not confirm compliance to this Court. It is to make sure that all encroachments are removed from the approach roads and entrance of all the Hospitals in NCT of Delhi and thereafter this exercise need to be repeated for all public places such as markets, Malls, Cinema Halls, Places of Worship etc.

 (ii) Inspections at random shall be carried out by SCPD to assess the accessibility outside hospitals and removal of encroachments.  Deputy Commissioner of the concerned District of MCD will organize the joint inspection at appropriate places at the given date, time & place by this Court. He will personally ensure the presence of the concerned Ex, Engineer, AE, JE of MCD/PWD, SHO, Traffic Police personnel and other concerned authority at the inspection spot.

 (iii) The area/footpath etc. outside Hospital is to be taken care by civic authorities but at the same time, Hospital authorities should continuously monitor the work for barrier free accessibility to PwDs in respective hospitals.

(iv) Hospital authorities apart from writing to civic authorities should follow up them regularly to keep the Hospital entrance and exit encroachment free at all times, through security guards of the hospitals to facilitate the PwDs.

(v) Department of Social Welfare/DUSIB should try to increase the number of Rain Baseras and should also explore the possibility of shifting the people from around the Hospital premises to the Rain Basera. DUSIB should help people with proper accommodation, toilets etc. and area should also be earmarked for charity (Food Distribution).  They should also try to make a temporary arrangement for stay for the attendants/ caregivers/relatives of the patients admitted in the hospitals. 

13. This court be informed of the action taken by all the concerned respondents within 3 months from the date of receipt of this order as required under Section 81 of RPwD Act, 2016.  

14. Given under my hand and the seal of the Court this 4th  day of June, 2022. 

  (Ranjan Mukherjee)

                             State Commissioner for Persons with Disabilities

List of Respondents in Case No. 2552/1101/2022/04 

1. The Commissioner of  Police, GNCT of Delhi, 2nd Floor, MSO Building Police Headquarter, ITO Delhi-110002

2. The Special Commissioner of Police (Traffic), 3rd Floor, Tower-1, Delhi Police Headquarters, Jai Singh Road, New Delhi – 1100001. (Email-     splcp-traffic-dl@nic.in).

3. The Commissioner, South Delhi Municipal Corporation, 9th Floor, Dr. S.P.M. Civic Centre, JLN Marg,New Delhi -110002.

4. The Commissioner ,North Delhi Municipal Corporation, 4th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002

5. The Commissioner, East Delhi Municipal Corporation,419, Udyog Sadan, Patparganj Industrial Area, Delhi -110096

6. The Chief Executive Officer, Delhi Urban Shelter Improvement Board, GNCT of Delhi, Punarwas Bhawan, I.P. Estate, New Delhi-110002. 

7. Engineer-in-Chief, PWD, 12th Floor, MSO Building, I. P.Estate, New Delhi: 110002.

8. The Medical Superintendent / Director, Aruna Asaf Ali Govt Hospital, 5, Rajpur Road, Govt of NCT of Delhi,  Delhi -110054.

9. The Medical Superintendent / Director, Acharyaashree Bhikshu Hospital, Moti Nagar, Delhi 110015.

10. The Medical Superintendent / Director, Attar Sain Jain Hospital, Lawarence Road, New Delhi 110035

11. The Medical Superintendent / Director, Dr Baba Saheb Ambedkar Hospital, Govt of NCT of Delhi, Sector-6, Rohini, Delhi 110085.

12. The Medical Superintendent / Director, Bhagwan Mahaveer Hospital H-4, 5 Pitam Pura, Delhi 110034.

13. The Medical Superintendent / Director, Babu Jagjivan Ram Hospital Jahangir Puri, New Delhi 110033

14. The Medical Superintendent / Director, Central Jail Hospital Jail Road, Hari Nagar, New Delhi 110064

15. The Medical Superintendent / Director, Chacha Nehru Bal Chikitsalaya Govt of NCT of Delhi, Geeta Colony, New Delhi 110031.

16. The Medical Superintendent / Director, Dadadeb Mother & Child Hospital Nasirpur near Dabrimore Janakpuri, New Delhi 110018.

17. The Medical Superintendent / Director, Deen Dayal Upadhyay Hospital Hari Nagar, New Delhi 110064.

18. The Medical Superintendent / Director, Delhi State Cancer Institution Dilshad Garden Delhi 110095.

19. The Medical Superintendent / Director, Dr Hedgewar Arogya Sansthan Karkardooma, Delhi 110032.

20. Medical Superintendent / Director, Dr N.C.Joshi Hospital Joshi Road, Karol Bagh, New Delhi 110005

21. The Medical Superintendent / Director, Guru Nanak Eye Center  Maharaja Ranjit Singh Marg, New Delhi 110002

22. The Medical Superintendent / Director, Govind Ballabh Pant Hospital(G.B.P.H) Jawahar Lal Nehru Marg, Delhi 110002

23. The Medical Superintendent / Director, Guru Govind Singh Govt Hospital Raghubir Nagar, New Delhi 110027

24. The Medical Superintendent / Director, Chaudhary Brahm Prakash Ayurved Charak Sansthan Vill. Khera Dabar, Najafgarh, New Delhi 110073.

25. The Medical Superintendent / Director, Nehru Homeopathic Medical College B- Block, Defence Colony, New Delhi-24

26. The Medical Superintendent / Director, B.R.Sur Homeopathic Medical College Nanakpura, Moti Bagh, New Delhi 110021.

27. The Medical Superintendent / Director, Ayurvedic & Unani Tibbia College & Hospital Ajmal Khan Park, Karol Bagh, New Delhi-110005.

28. The Medical Superintendent / Director, Health Centre Cum Maternity Hospital Kanti Nagar, New Delhi 110051.

29. The Medical Superintendent / Director, Jag Parvesh Chander Hospital Shastri      Park, New Delhi 110031

30. The Medical Superintendent / Director, Sanjay Gandhi Memorial Hospital Mangol Puri, New Delhi 110083

31. The Medical Superintendent / Director, Satyawadi Raja Harish Chandra Hospital Narela, New Delhi 110040

32. The Medical Superintendent / Director, Sardar Vallabh Bhai Patel Hospital Govt of N.C.T of Delhi, East Patel Nagar,  Delhi 110008

33. The Medical Superintendent / Director, Rao Tula Ram Memorial Hospital Jaffar Pur, New Delhi 110073

34. The Medical Superintendent / Director, Rajiv Gandhi Super Speciality Hospital Govt of N.C.T of Delhi, Tahirpur, New Delhi 110064

35. The Medical Superintendent / Director, Poor House Hospital Beggers Home G.T.B Nagar, New Delhi 110009

36. The Medical Superintendent / Director, Maulana Azad Institute of Dental Sciences M.A.M.C.J.L Nehru Marg, New Delhi 110002

37. The Medical Superintendent / Director, Pt. Madan Mohan Malviya Hospital Malviya Nagar, New Delhi 110017

38. The Medical Superintendent / Director, Maharishi Balmiki Hospital Pooth Khurd, New Delhi 110039

39. The Medical Superintendent / Director, Lok Nayak Hospital Jawahar Lal Nehru Marg, New Delhi 110002

40. The Medical Superintendent / Director, Lal Bahadur Shastri Hospital(L.B.S) Khichri Pur, New Delhi 110091

41. The Medical Superintendent/Director, Janakpuri Super Speciality Hospital C-2B, Janakpuri,  New Delhi 110058

42. The Medical Superintendent / Director, Institute of Human Behaviour and Allied Sciences (I.H.B.A.S) Shahdara, New Delhi 110095

43. The Medical Superintendent / Director, Institute of Liver and Biliary Sciences(I.L.B.S) Vasant Kunj, New Delhi 110057

44. The Medical Superintendent / Director, Guru Teg Bahadur Hospital(G.T.B.H) Shahdara, New Delhi 110095

45. The Medical Superintendent / Director ,Maharishi Valmiki Infectious Diseases Hospital (MVID), Kingsway Camp, New Delhi-110009.

46. The Medical Superintendent / Director, Rajan Babu Institute of Pulmonary Medicine & Tuberculosis, Guru Teg Bahadur Nagar, Kingsway Camp, New Delhi – 110009.

47. The Medical Superintendent / Director, Hindu Rao Hospital, Malka Ganj, Delhi-110007.

48. The Medical Superintendent / Director, Kasturba Hospital, Near Jama Masjid, Daryaganj, Delhi-110002

49. The Medical Superintendent / Director, Girdhari Lal Maternity Hospital Ajmeri Gate, Near Police Station, Kamla Market Delhi - 110006 

50. The Medical Superintendent / Director, Swami Dayanand Hospital, Shahdara North Zone,  C-Block, Dilshad Garden, Delhi- 110095

51. The Medical Superintendent / Director, Shyama Prasad Mukjerjj Chest Hospital, 146, Patparganj Rd, Patparganj, MayurVihar, New Delhi, Delhi 110091

52. The Medical Superintendent / Director, PoornimaSethi Multi Speciality Hospital, Dd Block, Kalkaji Road, Kalkaji, near Nehru Place Sub Post Office, New Delhi, Delhi 110019

53. The Medical Superintendent / Director, SDMC Lajpat Nagar Colony Hospital, Veer Savarkar Marg, Block L,  Lajpat Nagar II, Lajpat Nagar, New Delhi, Delhi 110024

54. The Medical Superintendent / Director, SDMC's Mata Gujri Hospital, Tilak Nagar, New Delhi-110018.

55. The Medical Superintendent / Director, Safdarjung Hospital, Ansari Nagar East, near to AIIMS Metro Station, New Delhi, Delhi 110029

56. The Medical Superintendent / Director, PGIMER Dr. Ram ManoharLohia Hospital, Baba Kharak Singh Rd, near Gurudwara Bangla Sahib, Ram Manohar Lohia Hospital, Type III, Connaught Place, New Delhi-110001

57. The Medical Superintendent / Director, Lady Hardinge Medical College & Smt. SuchetaKriplani Hospital Shaheed Bhagat Singh Marg,  DIZ Area, Connaught Place, New Delhi, Delhi 110001

58. The Medical Superintendent / Director, Kalawati Saran Children’s Hospital, C- 604, Connaught Circus, Bangla Sahib Rd, DIZ Area, Connaught Place, New Delhi, Delhi 110001

59. The Medical Superintendent / Director, National Institute of Tuberculosis and Respiratory Diseases, Sri Aurobindo Marg Near Qutub Minar, Mehrauli, New Delhi, Delhi 110030

60. The Medical Superintendent / Director, All India Institute of Medical Sciences (AIIMS), Sri Aurobindo Marg, Ansari Nagar, Ansari Nagar East, New Delhi, Delhi 110029

61. The Medical Superintendent / Director, Vallabhbhai Patel Chest Institute, University of Delhi, Vijay Nagar Marg, Art Faculty, University Enclave, New Delhi, Delhi 110007

62. The Medical Superintendent / Director, ESI HOSPITAL, Basai Darapur, New Delhi, Delhi 110015

63. The Medical Superintendent / Director, ESIC Hospital, Okhla, Maa Anandmayee Marg,Okhla Ph-I,, Delhi-110020

64. The Medical Superintendent / Director, ESIC Hospital, Dr KN Katju Marg, Opp HP Petrol Pump, Sector 15, Sector 15A, Rohini, New Delhi, Delhi 110089

65. The Medical Superintendent / Director, ESIC Hospital, Jhilmil, Block D, Jhilmil Colony, Delhi, 110095.

   

Dr. Nitesh Kumar Tripathi Vs. The Chief Managing Director, IAS Baba & Anr. | Case No.2364/1101/2021/09/5227-5229 | Dated:12-05-22

 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, Email: comdis.delhi@delhi.gov.in

[Vested with powers of Civil Court under the 

Rights of Persons with Disabilities Act, 2016]

Case No.2364/1101/2021/09/5227-5229           Dated:12-05-22

In the matter of:

Dr. Nitesh Kumar Tripathi,
H.No 241, Gali No. 11, B-Block,
Sant Nagar, Burari,
Delhi-110084.                         …………..Complainant

Versus

The Chief Managing Director,
IAS Baba, 22B, 3rd Floor, Bada Bazar Road, 
Rajinder Nagar, 
New Delhi-110060.                      ...................Respondent No.1


The Deputy Commissioner
Karol Bagh Zone, 
North Delhi Municipal Corporation, 
DB Gupta Road, Christian Colony, 
Block 17 B, Dev Nagar, Anand Parbat,
New Delhi-110005.                                            ....................Respondent No.2

ORDER

The complainant, a person with 65% locomotor disability vide email dated 20.09.2021 filed a complaint under the Rights of Persons with Disabilities Act 2016, hereinafter referred to as the Act, regarding inaccessibility of the premises of IAS Baba Coaching Institute Karol Bagh, Delhi where the complainant had applied for Mock Test for UPSC Civil Service Examination which was scheduled to be held on 22.09.2021 & 26.09.2021. He also attached photos of above inaccessible building in support of his claim. Thus, he requested this Court to pass proper instructions to the CMD, IAS Baba Coaching Institute to make the above premises accessible and provide barrier free environment for him and other persons with disabilities.

 2. The matter was taken up with the Respondents vide letter dated 27.09.2021 followed by reminders dated 27.10.2021 and 15.02.2022.  The brief facts of the case were mentioned in the Interim Order passed on 26.04.2022. 

3. It is also pertinent to mention here that Section 40 to 46 of the Rights of Persons with Disabilities Act, 2016 mandate the appropriate Government to ensure accessibility of physical environment, transport and information and communications technologies, goods, equipments and services provided to public in urban and rural areas for persons with disabilities as per the standards laid down by the Central Government within 5 years from the date of notification of the Rules. Further Rule 15 of the Rights of Persons with Disabilities Rules, 2017 requires that the standards for public buildings as specified in the “Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons with Disabilities and Elderly Persons” issued by the Govt. of India, Ministry of Urban Development in 2016 are also needs to be followed by all concerned. 

4. The court reserved the final recommendations in the instant case till receipt of the response / action taken report to be submitted by Respondent No. 1 & 2 in order to ascertain the fact that the accessibility standards as per prescribed sections of RPwD Act, 2016 and RPwD Rules, 2017 are being followed in appropriate manner. 

5. Subsequent to the Interim Order dated 26.04.2022, Asstt. Engineer (Bldg.) North DMC / Respondent No. 2 vide its Inspection Report dated 06.05.22 submitted that a coaching Institute is being run in the name of IAS Baba at 2nd, 22B Pusa Road, Karol Bagh.  The above building is old and occupied, however some measures like provision of lift, low floor toilets were existed at the new site but the present provisions do not fulfil the laid down criteria as railing was found missing which is mandatory as per prescribed Sections of the RPwD Act / Rules.  Further it was informed that the owner/ occupier of the said Institute had already been instructed to comply with all the guidelines / mandatory provisions of the RPwD Act / Rules on urgent basis. 

6. Respondent No. 1 i.e. IAS Baba Coaching Institute vide letter dated 04.05.22 informed that on complainant’s request received through e-mail for allocation of an accessible and disabled friendly testing centre, they offered him an alternative arrangement with an option of writing the exam at his place by sending question paper through email and complainant was also agreed for the same.  Though the complainant appeared for mock test by an alternative method as opted by him and had already been refunded the due amount paid by him, now only with an ulterior motive he had approached this Court. Thus, the respondent has not violated any of the loss which affects the complainant.

7. In view of the facts of the case, submissions of the complainant and respondents, existing sections of Rights of Persons with Disabilities Act, 2016 and RPwD Rules, the Court recommended as under:

(i) Court observed that it is the duty and responsibility of the Respondent 1 & 2 to make a barrier free environment for persons with disabilities including complainant by maintaining accessibility standards keeping in view of the prescribed Sections of the RPwD Act, 2016 and Rights of Persons with Disabilities Rules, 2017. 

(ii) Respondent No. 1 is directed to fulfil all the laid down criteria and also arrange to provide equal opportunity to persons with disabilities in the Coaching Centre by registering its “Equal Opportunity Policy” with the Office of the State Commissioner for Persons with Disabilities as required under Section 21 of the RPwD Act, 2016 & Rule 8 of the Rights of Persons with Disabilities Rules, 2017. 

(iii) Respondent No. 2 should lay down the time frame for Respondent No.1 in order to accomplish and fulfil the laid down criteria as per RPwD Act, 2016 and also send an ATR in this regard to this Court. 

8. The case is closed with the above recommendations and an action taken be intimated to this Court within three months from the date of receipt of this order as required under section 81 of the Act.

9. Given under my hand and the seal of the Court this 12th day of May, 2022.  

 

(Ranjan Mukherjee) 

                               State Commissioner for Persons with Disabilities

Suo-Motu Regarding “Accessibility & barrier free movement for PwDs in the National Capital Territory of Delhi” Vs. 35 Respondents (Enclosed List)

 

In the Court of the 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-23216001-04, Email: comdis.delhi@delhi.gov.in

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

Case No.2345/1101/2021/09/4343-4380      Dated : 25-03-22

In the matter of :

SUO-MOTU Regarding “Accessibility & barrier free movement for PwDs in the National Capital Territory of Delhi”

Versus

As per enclosed list          .............. 35 Respondents

Date of Hearing : 23.03.2022 

Present: As per enclosed list

ORDER

It has been observed/noticed that there are many obstructions/ barriers/encroachments, illegal squatters/vendors etc. on the footpaths and roads in the National Capital Territory of Delhi which creates a lots of hindrance/problem of “Accessibility” for the Persons with Disabilities (PwD) besides Women, Children & Elderly. Consequently, the common public spaces are becoming inaccessible and unsafe not only for persons with disabilities and elderly but also for general citizens. Some of the common flaws are as under:-

(i) There are narrow spaces between bollards on the foot paths making it impossible for a wheel chair user to pass through;

(ii) Some sign boards on the foot paths are of low height and at times on the tactile making it dangerous for visually impaired persons;

(iii) Obstructions such as lamp posts, gutters, protruding objects, sign boards, trees on foot paths especially on the guiding tiles/ warning blocks make them unsafe for persons with visual impairment;

(iv) Many Roads/footpaths are encroached by the vendors/hawkers and in open violation of the existing norms and procedure besides orders of the Hon’ble Supreme Court of India wherein the open, hazardous, unhygienic cooking and selling of food goes on;

(v) Excavated roads/ footpaths by various agencies are not repaired quickly or haphazardly done.

2. Section 40, 41, 44, 45 and 46 of the Rights of Persons with Disabilities Act, 2016 here in after referred to as the Act, mandate the appropriate Government to ensure accessibility of existing built environment and transport among other things, to persons with disabilities under an action plan within five years and undertake the new construction only as per the prescribed standards. The said Sections are reproduced below:

“40. The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.

41. (1) The appropriate Government shall take suitable measures to provide—

(a) facilities for persons with disabilities at bus stops, railway stations and airports conforming to the accessibility standards relating to parking spaces, toilets, ticketing counters and ticketing machines;

(b) access to all modes of transport that conform the design standards, including retrofitting old modes of transport, wherever technically feasible and safe for persons with disabilities, economically viable and without entailing major structural changes in design;

(c) accessible roads to address mobility necessary for persons with disabilities.

(2) The appropriate Government shall develop schemes programmes to promote the personal mobility of persons with disabilities at affordable cost to provide for,—

(a) incentives and concessions;

(b) retrofitting of vehicles; and

(c) personal mobility assistance.

44. (1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40.

(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.

45. (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.

46. The service providers whether Government or private shall provide services in accordance with the rules on accessibility formulated by the Central Government under section 40 within a period of two years from the date of notification of such rules:

Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules.”

3. Rule 15 of the Rights of Persons with Disabilities Rules, 2017, here in after referred to as the Rules, notified by Department of Empowerment of Persons with Disabilities, Government of India, standards as specified in the Harmonised Guidelines and Space Standards for Barrier Free Built Environment for Persons With Disabilities and Elderly Persons issued by Ministry of Urban Development, Government of India in March, 2016 and standard for Bus Body Code for transportation system as specified in the Notification of Government of India in the Ministry of Road Transport and Highways vide G.S.R. 895(E) dated 20th September 2016 are to be followed. Institute for Transportation and Development Policy has also developed and published “Footpath design: A Guide for creating footpath that are safe, comfortable and easy to use”;

4. Therefore, the undersigned has taken suo motu cognizance under Section 80 (b) of the Act of the above mentioned state of the built environment and of the fact that even at some places in Delhi new constructions are being carried out without following the prescribed standards. The respondents were accordingly directed to show cause as to why the existing built environment meant for public use in the National Capital Territory of Delhi should not be made fully accessible to persons with disabilities as mandated in the Act, the Rules and the guidelines and why all the new construction of built environment and transportation should not be made strictly in accordance with the provisions of the Act, the Rules and the standards prescribed for each of the facility vide Notice dated 13.09.2021 followed by reminder dated 27.10.2021, dated 24.02.2022.

5. A hearing was scheduled on 23.03.2022 on the subject. The respondents were further advised to stop forthwith any construction activity of built environment meant for public use without following the provisions of the Act, the Rules and the prescribed standards until appropriate corrective action is taken to ensure their accessibility to persons with disabilities. 

6. A joint hearing was held with all the respondents, annexed at ‘A’ on 23.03.2022 at 11.30 AM.  List of participants is annexed at ‘B’.  Initiating the hearing, State Commissioner for Persons with Disabilities (SCPD) deliberated and briefed about the aim, objectives and need of implementation of the Rights of Persons with Disabilities Act, 2016 in Delhi in true spirit.  It was brought to the notice of all that deadline for making public buildings accessible is expiring on 15.06.2022 and for public facilities and services it had already expired on 15.06.2019.

7. A Power Point Presentation covering important aspects of the RPwD Act, 2016 was shown and deliberated upon during the hearing.  The contents of the PPT in short are as under:-

(i) Barrier Free Environment

(ii) Basic Components of Accessibility

(iii) Definition of Public Building & Public Facilities and Services as per the RPwD Act, 2016.

(iv) Section 45 & 46 of RPwD Act, 2016 and Delhi RPwD Rules, 2017 provides for deadline for making built in environment barrier free as 15.06.2022. 

(v) Harmonised guidelines and Standards for Universal Accessibility in India 2021 issued by MoHUA.

(vi) Sugamya Bharat Abhiyan

(vii) 10 Basic Features of Accessibility

(viii) Standards for Accessible facilities for PwDs.

(ix) Short coming of Accessibility in  different localities of NCT of Delhi

8. Some glaring shortfalls in respect of Accessibility carried out by the audit team of the Office of SCPD were pointed for benefit of all present.   SCPD also mentioned about a news clipping which appeared in Times of India dated 13.03.2022 regarding Public Works Department, Delhi starting clearing footpaths encroachment as per orders of Hon’ble High Court to cover entire capital similar to the one issued by SCPD in this regard.

9.   SCPD stated that there is lack of awareness among the general public/officials of executing agencies regarding Accessibility.  SCPD also stressed about the need for sensitisation among all the stakeholders specially the implementing officials.  It was desired that Delhi should become the model city for PwD for Accessibility and other States should replicate the same.   

10. SCPD sought the views and suggestions from the Members of the Advisory Committee/Domain Experts.  Dr. Satendra Singh, Professor of Physiology, University College of Medical Sciences & GTB Hospital, Delhi, Domain Export and a Person with Locomotor Disability expressed his views about the current status of accessibility in Delhi.  He explained that Delhi is not friendly so far as accessibility is concerned for persons with disabilities and all concerned Departments responsible for executing accessibility have failed.    Due to such infrastructure barriers, persons with disabilities are facing great difficulties.  Even the number one premier AIIMS Hospital in Delhi is not disabled friendly/accessible for which case is pending in the Court of CCPD.  All Hospitals, Markets, Stadias, Theatres, Cinema Halls etc. in Delhi need to be  disable friendly.  He highlighted various existing short comings and need of right approach to overcome these short comings.  Shri Subhash Chandra Vashishth, Advocate and a an Accessibility Auditor, CABE Foundation addressing the participants stated that the major problem is that we have not looked up RPwD Act, 2016 with seriousness that it deserved. Lackadaisical approach is still prevailing among the municipal agencies/ implementing ageicies.  As per Section 45(2) of the Rights of Persons with Disabilities Act, 2016 and in order to achieve the objective of accessibility, all the Departments are primarily required to frame an Action Plan based on prioritisation of how they would address accessibility and put it before the SCPD and publish it on their websites. The matter has already been delayed as above action plans were required to be submitted / framed earlier by the year 2017.  

11. Engineer-in-Chief, PWD informed that currently all norms of accessibility are being followed in respect of new construction/works.  As far as old works are concerned, which are owned by other departments, they are facing problems like space constraints, site restriction and in getting sanctions for these works.  On this, SCPD asked for a list of such works/departments.  He also mentioned that in respect of Government buildings, they have provided the required provisions for PwDs and uploaded the list of such buildings on their website.

12. It was made clear by the SCPD that after the deadline prescribed under the RPwD Act and Rules, some punitive action may be initiated against the defaulters.  Provision of imposition of penalty would be considered.  

13. After due deliberations and discussions, the following recommendations are made:-

(1) As Public Works Department (PWD) is the main road owning agency covering almost 85% of the roads in NCT of Delhi, it is the duty and responsibility of the PWD to maintain all roads and footpaths under its jurisdiction in proper manner specially catering to the needs of persons with disabilities mainly Persons with Visual Impairment, Persons with Locomotor Impairment and those who are wheelchair bound. Apart from other points, following are the important actionable points for the PWD:-

(i) Awareness:- Awareness about Rights of Persons with Disabilities (RPwD) Act, 2016, Universal Design of walkways/footpaths/signages. Engineer-in-Chief, PWD to chair a meeting upto the level of Junior Engineer and get them aware about the need of accessibility.  This office can help them on this aspect.

(ii) Training:- No organisation can survive or improve without continues training to sensitize and update the personnel of the organisation with the latest developments/procedures to be followed. It is recommended that the executing officials of the Public Works Department should be imparted training on accessibility preferably through access auditors. A report to this effect be sent to this Court.

(iii) Monitoring:- Continuous monitoring be done by the agency that no one violates the conditions of roads and footpaths.

(iv) Pelican Signals:- Provision of Pelican signals should be considered on the roads for larger public interest.

(v) Retrofitting work should be done to create barrier free environment for PwDs. 

(vi) This Court specifically authorises Public Works Department and all respective road owning agencies to take all possible measures to keep roads and footpaths under its jurisdiction PwD friendly, accessible and encroachment free.

(2) These recommendations are not only for Public Works Department but for all road owning agencies/concerned departments.

(3) It is often seen that footpaths are illegally encroached by squatters, hawkers, rehris, vendors, illegal parking, illegal sign boards, illegal construction of porta cabins for guards etc. which obstructs easy movement of PwDs and all pedestrians .It is the duty and responsibility of the road owning agencies i.e. PWD, MCD, Delhi Police etc. to ensure that there is no encroachers of the pavement/footpaths. It is also the responsibility of the Delhi Police to ensure that adequate action is taken for immediate removal of such illegal encroachers from the footpaths. Special time bound drive is required to remove all such encroachments by 6th April 2022 and ATR be submitted.

(4) It is the duty and responsibility of concerned Dy. Commissioner of the Municipal Corporations to ensure that no illegal hawker or tehbazari is allowed to sit on the road and pavement restricting movement of PwDs/Pedestrians. There has to be a Joint Action and Enforcement Team in this regard consisting of licensing inspectors of MCD alongwith Delhi Police.

(5) Delhi Police should sensitise all Police personnel specially all SHOs and Beat Constables to keep Delhi Roads and Footpaths encroachment free and PwD friendly.

(6) While providing Sewer and Water connection to the individual households, relaying of sewer and water lines in colonies or housing societies, DJB often, has to dig roads for connecting water and sewer. Unfortunately, it has been observed that after completion of the work of relaying or new connection, roads and pavement are never brought back to its original condition which creates obstacles in movement of PwDs and other persons. DJB to take strict action/impose penalty against the persons/ organisations that does digging work without their permission. Also other service providers like IT, Power companies etc. does the same. A certificate be given by the concerned agencies that the roads and pavements are brought to its original condition after completion of the work.   

(7) DTC was directed to make Bus Queue Shelters Audio Video friendly for PwDs.

(8) Director, UTTIPEC, DDA being the nodal agency for Unified Traffic regulation in the Capital, need to take cognizance of this important factor and hearing to initiate and take appropriate action accordingly.

(9) Each District Magistrate is the overall incharge of the district to ensure that there is not a single obstruction with respect of accessibility issue for PwDs and others such as Elderly, Women and Children. Each DM is the Nodal Officer in the respective district to ensure that all concerned agencies such as PWD, MCD, Delhi Police etc. do carry out their duty in effective and efficient manner to create barrier free, Accessible PwD friendly roads and footpaths in the District.

(10) An Action Plan in this regard by all the road owning agencies/concerned departments is to be submitted to the Office of SCPD through the District Magistrates immediately for making a barrier free environment for PwDs.

(11) DSW may like to issue notification regarding declaration as per the RPwD Act that the Deputy Magistrates are Additional Commissioners for Persons with Disabilities to assist SCPD in this regard.    

 14.     This court be informed of the action taken by all the concerned respondents within 3 months from the date of receipt of this order as required under Section 81 of RPwD Act, 2016.  In addition about the Action Plan for implementation by all respondents by 25th April, 2022.

15. Given under my hand and the seal of the Court this 25th day of March, 2022. 

 (Ranjan Mukherjee)

      State Commissioner for Persons with Disabilities

Copy to:-

The Pr. Secretary, Social Welfare Department, Govt. of NCT of Delhi, GLNS Complex, Delhi Gate, New Delhi-110 002. 

Annexure – ‘A’

 

List of Respondents in Case No.2345/1101/2021/09

In the matter of :

SUO-MOTU Regarding “Accessibility & barrier free movement for PwDs in the National Capital Territory of Delhi”

Versus

35 Departments

**********

 

1.    The Vice Chairman, DDA, A-Block, 1st Floor, Vikas Sadan, Near INA, Market New Delhi-110023.
2.    The Commissioner of Police, GNCT of Delhi, 2nd Floor, MSO Building Police Headquarter, ITO Delhi-110002
3.    Engineer-in-Chief, O/o The Engineer-in-Chief, PWD, 12th Floor, MSO Building, I. P.Estate, New Delhi: 110002
4.    The Commissioner, South Delhi Municipal Corporation, 9th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002
5.    The Commissioner, North Delhi Municipal Corporation, 4th Floor, Dr. S.P.M. Civic Centre, JLN Marg, New Delhi -110002
6.     The Commissioner, East Delhi Municipal Corporation,419, Udyog Sadan, Patparganj Industrial Area, Delhi -110096
7.    The Chairman, New Delhi Municipal Council, Palika Kendra, Parliament Street, New Delhi-110001.
8.    The Deputy Commissioner (South Zone), South Delhi Municipal Corporation Sri Aurobindo Marg, Block A, Green Park Extn. Green Park New Delhi-110016
9.     The Deputy Commissioner (Najafgarh Zone), South Delhi Municipal Corporation Najafargh Dhasana Road, Near Bus Stand, Najafgarh, New Delhi-110043
10.     The Deputy Commissioner (West Zone), South Delhi Municipal Corporation 290, Road Number 28, Nehru Nagar, Shivaji Place, Basai Dara pur New Delhi-110027.
11.     The Deputy Commissioner (Central Zone), South Delhi Municipal Corporation MCD Zonal Office, Shiv Mandir Marg, Lajpat Nagar-II, New Delhi -110024.
12.     The Deputy Commissioner (City-SP Zone), North Delhi Municipal Corporation, 2nd floor, Idgah Road, Near Sadar Bazar PS, New Delhi-110006.
13.    The Deputy Commissioner ( Keshavpuram Zone), North Delhi Municipal   Corporation, Dr Satpal Sachdeva Marg, Keshav Puram, Tri Nagar,Delhi, 110034
14.     The Deputy Commissioner ( Karolbagh Zone), North Delhi Municipal Corporation, DB Gupta Road, Christian Colony, Block 17 B, Dev Nagar, Anand Parbat, New Delhi, Delhi 110005
15.    The Deputy Commissioner ( Civil Line Zone ), North Delhi Municipal Corporation, 16,Rajpur Road, Kamla Nehru Ridge, Civil Lines, Delhi, 110054
16.    The Deputy Commissioner (Rohini Zone), North Delhi Municipal Corporation, Rohini Institutional Area, Sector 5, Rohini, Delhi, 110085
17.     The Deputy Commissioner (Narela Zone), North Delhi Municipal Corporation, 13 RI-178, MDR 138, Rajeev Colony, Swatantra Nagar, Narela, Delhi, 110040
18.    The Deputy Commissioner (Shahdara South Zone),East Delhi Municipal Corporation, Vishwas Nagar, Institutional Area, behind Karkardooma Court Vishwas Nagar, Shahdara, New Delhi, Delhi 110032
19.    The Deputy Commissioner (Shahdara North Zone), East Delhi Municipal Corporation, Kehsav Chowk, Near Shyam Lal College, Delhi-110051
20.    The Managing Director, Delhi Transport Corporation, I.P. Estate, New Delhi-110002
21.    The Managing Director, DTIDCL, Transport Department, 5/9, Under Hill Road, Delhi
22.    The District Magistrate (North East), D.C. Office Complex, Nand Nagri, Opposite Gagan Cinema, Delhi-110093.    
23.    The District Magistrate (South East), Old Gargi College Building, Lajpat Nagar-IV, New Delhi-110024    
24.    The District Magistrate (New Delhi), 12/1, Jam Nagar House Sahajahan Road, New Delhi
25.    The District Magistrate (North), Alipur, Delhi-110036
26.    The District Magistrate (North West) Kanjhawala, Delhi-110081                           
27.    The District Magistrate (Shahdara), Nand Nagri, Opposite Gagan Cinema, Delhi-93        
28.    The District Magistrate(Central), 14, Darya Ganj, New Delhi 02. 
29.    The District Magistrate (East), L.M. Bund, Shashtri Nagar, Delhi-110031.                     
30.    The District Magistrate (South West), Old Terminal Tax Building Kapashera, New Delhi-110037   
31.    The District Magistrate (South), M.B. Road, Saket, New Delhi-110068.             
32.    The District Magistrate (West), Old Middle School Building Lawrance Road, Rampura, Delhi- 110085. 
33.    The CEO, Delhi Cantonment Board, Sadar Bazar, Delhi Cantt-10.
34.    The Director, UTTIPEC, VIKAS MINAR, 2nd Floor, New Delhi, Delhi 110002.
35.    The CEO, Delhi Jal Board, Varunalaya Complex, Jhandewalan Extension, Jhandewalan, New Delhi-110005.  

Jayant Singh Raghav Vs. Delhi Development Authority | Case No. 2146/1101/2021/02/1493-96 I Dated: 08/09/2021

 

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, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

Case No. 2146/1101/2021/02/1493-96 Dated: 08/09/2021

In the matter of:

Sh. Jayant Singh Raghav
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.

(Ranjan Mukherjee)

State Commissioner for Persons with Disabilities

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)

Suo-Motu Vs. 14 Departments of NCT of Delhi | Case No. 4/1665/2017/Wel/CD/8438-60 | Dated: 26.11.2019

Jayant Singh Raghav & 5 Others Vs. Vice Chancellor, Delhi University & Anr. | Case No. 1108/1101/2019/09/7155-58 | Dated:18.10.2019

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

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. 1108/1101/2019/09/7155-58                        Dated:18.10.2019

In the matter of:

Sh. Jayant Singh Raghav & 5 Others

(Email: Jsraghav323@gmail.com)                          ...........Complainant

Versus

Vice Chancellor,

University of Delhi
Delhi -110007                                                        .…Respondent No. 1

The Principal,

Ram Lal Anand College,
Benito Juarez Marg, South Campus
South Moti Bagh, New Delhi-110021                      ..…Respondent No. 2

Date of hearing:        09.10.2019

Present:                    Sh. Jayant Singh Raghav, Complainant 

                                 Dr. P.K. Pande on behalf of Respondent No. 2

ORDER

             

              The above named complainant, a person with blindness and 5 others namely Mr. Manik Gupta, Mr. Kesar, Mr. Mohan and Ms. Nidhi vide their complaint dated 03.09.2019 submitted that they are students of Ram Lal Anand College, Delhi University, South Campus.  The students with disabilities of the college have demanded basic facilities like ramps/lifts, tactile paths, electrical wheel chairs, braille number plates out-side every room of the college and angle players for better learning by students with visual impairment.  They also submitted that some students with disabilities are not able to attend classes conducted on the second floor due to non-availability of ramps/lifts. They also alleged that the Principal of the college is making mental pressure on Sh. Jayant Singh Raghav by calling his parents to the college. There has been no progress even after reminding the Vice Chancellor Office, Delhi University. 

2.            The complaint was taken up with the respondents vide showcause-cum-hearing notice dated 09.09.2019.  The respondents were also informed about the provisions of Section 16(ii) of the Act which pertains to the duty of the educational institutions and mandates that building, campus and various facilities shall be made accessible for persons with disabilities.  Rule 15 of the Rights of Persons with Disabilities Rule, 2017 notified by Ministry of Social Justice and Empowerment (Department of Empowerment of Persons with Disability) vide notification dated 15.06.2017 was also brought to their notice.  The said rule provides that the standard of public buildings as specified in the “Harmonised Guidelines and Space Standards for Barrier free Built Environment for Persons with Disabilities and Elderly Persons” issued by the Government of India, Ministry of Urban Development in 2016 shall be complied by every establishment. 

3.            Further, under Section 42 of the Act, it is to be ensured that all contents available in audio, print and electronic media are in accessible format.  Section 45 and 46 of the Act provide for the time limit of 5 years and 2 years from the date of notification of the rules under Section 40 of the Act for making “public buildings and public facilities and services” accessible for persons with disabilities i.e by 15^th June 2022 and 15^th June 2019 respectively. 

4.            Therefore they were directed to showcause why the facilities demanded by the students with disabilities as mandated in the Act should not be ensured and were advised to submit para-wise comments on the complaint and their versions of the case within 15 days of receipt of the notice and a hearing was also scheduled on 09.10.2019.

5.            In another Suo-Motu case No. 1097/1101/2019/08, taken up based on a newspaper report about accessibility for persons with disabilities in and around North Campus of the University of Delhi, which was linked with this case, Professor Anil K. Aneja, OSD and Dr. B.K. Tiwary, OSD vide email dated 08.10.2019 had submitted that the notice was received in their office on 07.10.2019.  Due to prior commitment, it was not possible for them to attend the hearing.  They therefore requested that the hearing may be scheduled after 20.10.2019 in the afternoon.  It has also been submitted therein that Delhi University is a statutory body under an Act of Parliament and under the Jurisdiction of UGC and MHRD.  Therefore, it is the office of Chief Commissioner for Persons with Disabilities which is empowered to look into any grievance relating to University of Delhi.  It has further been contended that no judicial/quasi-judicial action can be initiated merely on the basis of a Newspaper report especially, when there is no specific compliant before the Court. 

6.            In view of the above, while the request of Delhi University for postponing the hearing of the Suo-Motu case has been accepted, the pictures published in the newspaper and my observation of the broken footpaths, their encroachment by venders and unauthorized parking of vehicles etc. during one of my recent visits to the University corroborate the veracity of some of the contents published in the newspaper.  Hence the matter was taken up under Section 80(b) of the Act, which provides that the State Commissioner shall “inquire, suo-motu or otherwise deprivation of rights of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action.”  As regards the jurisdiction of the Commissioner for Persons with Disabilities, GNCT of Delhi, Delhi is a Union Territory and various services and construction and maintenance activities of the built environment in and around the University is the responsibility of multiple authorities under the GNCT of Delhi as well as those under the Central Government.  Therefore, jurisdictional issues may become serious impediments to the efforts in implementing the mandatory provisions of the socially beneficial legislation.  Because of such peculiar nature and arrangements in NCT of Delhi, the concerned authorities often get entangled in the quagmire of academic debates and the real and core issues get relegated to the background. As it has the potential of defeating the very purpose and  and the intent of the legislation that too at a very heavy cost in terms of deprivation of the rights of persons with disabilities enshrined in the Act, I am inclined to give precedence to expediency over the principle in larger interest of persons with disabilities. A socially beneficial legislation must be interpreted in a most expansive manner with the sole objective of achieving the purpose for which it has been enacted.  Hence, it would be preferable to take up such matters with the concerned authorities, lest it gets too late. Be that as it may, the suo-motu matter will be heard and decided after giving ample opportunity to the University and appreciation of its contention before passing an order in that case. 

7.            To appreciation of the submissions made and in the interest of the parties, this case is delinked for disposal by a separate order to avoid delay in taking action by Ram Lal Anand College. 

8.            Vide his reply dated 27.09.2019, respondent no. 2 (Principal, Ram Lal Anand College) has submitted as under:

      “Dear Sir,

Ram Lal Anand College is a Delhi University maintained institution and is fully funded by the University Grants Commission. The college serves to about eight PwD students out of which two are blind and one is locom otory disabled. Rest of them has no such problem of access to the building or any specific requirement. The college has been strictly following the guidelines related to persons with Disabilities in respect of student admission, faculty and staff appointment as well as providing amenities for differently abled persons as mandated under Rights of Persons with Disabilities, Act 2016. An inspection of the facilities for PWD students in the college was done by the University of Delhi on 12.10.2018 and the facilities were found to be Satisfactory and available (Executive Council meeting minutes dated 01-02.07.2019 Appendix-XXIV, Resolution 10 attached).

At the outset we would like to respond that the allegations levelled against the college regarding facilities being provided to PWD students is false and malicious. Our reply to the above show cause notice is as under:

I. Accessibility of building and other resources available for PWD student.

1. Ramps (Photographs attached)

                                     i.        To reach the main building from the road

                                    ii.        To classrooms from one section to another

                                   iii.        To office counters

                                  iv.        To library

                                    v.        To canteen

                                  vi.        To principal’s block

2. Lift is under construction (Photographs attached). The work to commission lift in the college (which is only two floor building), was given to CPWD on 31.03.2016 under 100% deposit work in order to avoid any kind of delay or hindrance. The lift has not been commissioned yet by CPWD. A number of letters have been written and meetings held with CPWD Engineers to expedite the matter. The complainants have been informed about this in the meetings of EOC. Letters of communication with CPWD engineer (copies attached) dated as follows:

                                     i.        31.03.2016

                                    ii.        13.07.2017

                                   iii.        28.09.2017

                                  iv.        26.02.2018

                                    v.        9.05.2018

                                  vi.        13.09.2018

                                 vii.        7.05.2019

                                viii.        23.09.2019

It may be noted that while lift is under construction the college administration has been sensitive enough to assign ground floor rooms only to any and all classes that have PWD students.

3. Tactile pathways to reach the main building from gate (Photographs attached)

4. Wheelchairs

                                     i.        Manual wheelchair is available (Photo attached)

                                              ii.              Motorized wheelchair (1) has been ordered (Communication attached). Being a Govt organization purchases of equipment is mandated through the GeM or E tendering process. The college has been trying to access these sites for placing orders from May 2019 but to some technical error could not do it. Now the order has been placed and the motorized wheel chair may be available anytime soon.

5. Braille embossing of room numbers on room plates installed in the front of all the class rooms on ground floor, first floor and second floor. This was completed last year in the month of Sept-Oct 2018 (photo along with the invoice attached). The students have been informed about this in our joint meetings.

6. Lex Scanner was ordered and is now available in the library for the visually challenged students (photo and invoice attached)

7. Angel Players (Two Number) have been ordered and is yet to be delivered by the vendor. Advance payment has already been released to the vendor (Communication attached).

II. Other facilities available in college for PWD students

                                               i.              Exclusive air-conditioned reading room for PWD students in library with laptop which located at ground floor (photo attached). Brail books are also made available in this room.

                                    ii.        PWD washroom on ground floor (photo attached)

                                             iii.              Visually challenged students are issued laptops in the first year against the rules of the college which states that the laptops will be issued to only second and third year students.

                                            iv.              The college does not charge any fees from PWD students, only Rs. 75 is charged towards admission charges as against the fees of Rs 10,000 and more charged to other students

                                              v.              The visually challenged students are facilitated to write their examination on laptops apart from providing scribes to the students in need

                                            vi.              The college runs a certificate course in Human Values, Ethics and Life Skills. The students enrolled for this course are encouraged to take up the role of “buddies” for PWD students by offering them assistance through their three years of college. A large number of students have volunteered themselves to help these students. (Notices dated 8.08.2019 and 11.09.2019 and list of volunteers attached)

                                     vii.    The college has a special Committee, Equal Opportunities Cell (EOC) and SUGAM, to look after the needs of such students. This committee sensitizes other students towards the PwD students by holding awareness programmes and events.

                                viii.        Under the convenorship of Mr. Pratik Kumar, the EOC organised an inter-college two day cultural festival on 28 and 29 March 2019 (SUGAM 2019) involving 60 PWD students from several colleges of University of Delhi (detailed report attached). The first day was completely dedicated to the students coming from the PWD category. In various activities (such as talent hunt show, slam poetry and debate competition) more than two hundred fifty students have participated which includes nearly sixty PWD students from different colleges of Delhi University. On the second day, a special society (SUGAM) for PWD students was formed in the gracious presence of honorable Chairman, Governing Body and Prof. Bhagwan Lal Sahani, Chairman, National Commission for Backward Classes. The Cell screened a special episode on disabilities and a Hindi movie ‘Sadgati’ followed by a panel discussion on ‘Reservation Policy and its Assessment’.

With Regards

      Dr. Rakesh Kumar Gupta
Principal”

9.    During the hearing, the complainants also submitted a rejoinder in response to the reply, which is produced below:

“Sir,
This is in the reference to the mail received from you Dated 04.10.2019. This is the response given by the 4 PWD students and 2 other students of Ram Lal Anand College South Campus Delhi University to the respondent no. 2 in case no. 1108/1101/2019/09/5277-5279 dated 09.09.2019.

Response

Point 1 (i)

We need railing on the other side of the ramp also to avoid any mishap. As the railing (steel) is provided only at one side of the ramp as seen in the attached picture submitted by the respondent at page No.(II)

Point 1 (ii)

There is no ramp to move from ground floor to 1st floor & to the 2nd floor class rooms, labs, staff room & GCR.

Point 1(iii)

The office counters are on the ground floor so no ramp is required & to go inside the administrative office no ramp is there. Photo attached at page no. 5

Point 1 (v)

No ramp is required as the path to it is on the same level.

Point 1 (vi)

No ramp is required as the path to it is on the same level. 

1.    A ramp is not there at the back side of the principal block, to go  to the photocopy shop & sports room. Photo attached at page no.6

2.    Railings are required at back side of the principal block for the bifurcation of the staircase at both the levels & along with the stair between the stair & principal block back wall. Photo attached at page no. : 7

Point. 2

As mentioned in the letter the whole payment is made in advance to the CPWD before 31.03.2016 for the installation of lift. So, what was the last date for completing the installation of the lift as per the contract, and what liabilities are borne by the CPWD if the installation of the lift is not done as per the last date of the contract. What legal actions have been taken till now against CPWD. The lift is not a permanent solution as follows. :

1. There is only one lift in the college.

2. If there is any Technical /Mechanical/Power disruption/Failure of the lift then what is the remedy/alternative solution is kept in the mind for a wheel chair user O.H. to come down from the 1st floor & 2^nd floor or go to up 1st floor & 2nd floor of the college. Even after giving in writing to the college principal, still some of the classes of the PWD students are allotted on the above floor class rooms. Copy of the application & time table are attached at page no. 8 -10.

Point 3 (ii)

The tactile path from the main gate to the main building which are given at the left side of drive way, the big pots which are kept just next to the tactile path creates hinderance to the visually handicap persons as shown in the photographs given by the respondent attached at page XI. At few places the tactile path is broken, which needs to be repaired Photo attached at page no. : 11 Except this tactile path there is no tactile path in the entire college attached at page no. 12 – 13.

Point 4 (i)

When a O. H. student took an admission in the college in 2018. So, why did the college administration take more than a year to order for a motorised wheel chair. Why was the motorised wheel chair ordered after the issuance of the show cause notice from the state commissioner for person with disabilities, and why not to be ordered before it. The amended GFR 2019 explicitly talks about the purchase of goods by purchase committee in case of non-availability of goods on the GeM portal. Amended copy of GFR 2019 attached. The document attached at page no.  :  14 – 33

Point 5

No number plate with brail embossing is there in the principal’s block on ground floor, outside the administrative block office & microbiology lab. & various other rooms.

Point. 6

When a (V.H.) student took an admission in the college in 2018. So, why did the college administration take more than a year to order for a Lex scanner. Why was the Lex scanner ordered after the issuance of the show cause notice from the state commissioner for person with disabilities, and why not to be ordered before it?
No copies of the invoice & photograph are attached by the respondent & still it is not available in the reading room allotted to PWD students in the library.

The amended GFR 2019 explicitly talks about the purchase of goods by purchase committee in case of non-availability of goods on the GeM portal. Amended copy of GFR 2019 attached. document attached at page no.  :  14 – 33

Point. 7

When a (V.H.) student took an admission in the college in 2018. So, why did the college administration take more than a year to order for the Angel player. Why was the Angel player ordered after the issuance of the show cause notice from the state commissioner for person with disabilities, and why not to be ordered before it?
No copies of the invoice & photograph are attached by the respondent & still it is not available or given to V.H. students.

The amended GFR 2019 explicitly talks about the purchase of goods by purchase committee in case of non-availability of goods on the GeM portal. Amended copy of GFR 2019 attached. document attached at page no.  14 – 33

Point 7 (ii)

The reading room is used by the office staff & teaching staff for eating their lunch & various other purposes, more over an OTG is also kept there for making their lunch warm. attached at page no.  34 -35.

Point 7 (iii)

When a visually challenged student asked to keep the laptop till the last day of the 2nd semester to study for the examination & to give examination on laptop the principal of the college refused to do so. when the student approached to OSD (EOC) of D.U. Dr. Vipin Tiwari & put the matter in detail to him. The OSD (EOC) D.U. intervened in the matter and asked the convenor of the E.O.C. Dr.  Partik Kumar of the college, to ask the principal to allow the student to keep the laptop to study for the examination as required by the student. And no security of Rs. 25,000 (Twenty-Five Thousand) is required to be deposited to the college. For your reference the application written by the student to the principal is attached at page no.  36 - 37

Point 7 (vii)

The list of volunteers is not attached & why this “buddies” role is not done by the NSS students in reference to the guidelines Dated October 30, 2012 issued by the (EOC) D.U. attached at page no. 38 – 40.

• Various applications are also attached at the last which were written to the convener of EOC, Convener of Sugam, Principal of the college & Vice Chancellor of D.U. attached at page no.  41 – 55 Total No. of Pages = 55

Thanking you

Yours truly

1. Jayant singh raghav

2. Manik gupta

3. Jyoti kumara

4. Mohan

5. Keshar

6. Nidhi

(Students of RLA South campus DU)”

10.          It will be in the fitness of things for me to note and record that the complainants, who are young students, have made a lot of efforts in preparing the rejoinder, taking pictures of the campus and putting together various circulars, OMs such as General Financial Rules, 2017 OM dated 02.04.2019 of Procurement Policy Division, Department of Expenditure regarding GeM process, their letters to the concerned authorities which is appreciable for a concerned young citizens. 

11.          During the hearing, while the complainant pointed out that a few things that may appear to be insignificant, are very important for accessing various facilities in the campus by students with disabilities. 

12.          Dr. P.K. Pande, who appeared on behalf of Ram Lal Anand college reiterated the written submissions and added that the college campus was access audited/ inspected by a professional team and on its recommendation, the accessible facilities were improved. He was however not aware about details of the Access Audit Team.   The college has taken appropriate action in making the campus accessible for students and staff with disabilities and possible efforts have also been made in allocating the class rooms to various departments, so as to facilitate access to students with disabilities.  However, due to the constraint of space and inordinate delay in installation and operationalization of the lift, there have been some issues.  But the same is beyond the control of the college.  As regards, the fracturing of the leg of the complainant due to open manhole, he submitted that the housekeeping and maintenance contract has been given to the Sulabh International and this matter will be taken care of so that proper maintenance of the campus is ensured. 

13.          After going through the written submissions and hearing the parties, it is observed that the college has taken a number of measures for ensuring accessibility for persons with disabilities inside the campus which the complainants have also acknowledged.  However, there are certain issues that need a re-looked for correction.  This should however be done after a proper accessibility audit by the people who are trained on accessibility audit with the involvement of primary stake holders i.e. students/staff with disability. 

14.          Looking at the response of the college, it would be a good idea that the college considers making it a model accessible campus for replication by others in Delhi/elsewhere. 

15.          It will be worth its while for the College and the University of Delhi to check and examine the Access Audit report, its recommendations and the involvement of the Access Audit Team in implementation of the recommendations.  Depending upon the TOR of the agreement with the Access Audit Team, the College/University authorities should take appropriate corrective action, if required.

16.          It is a matter of concern that it has taken more than 3½ years for CPWD to install a disabled friendly lift which is a common and essential requirement especially when 100% funds were provided by the college / university. The contention of the Executive Engineer INA Project Division, CPWD vide his letter dated 27.09.2019 that installation of the lift is specialised item, is not appropriate at all especially when Department of Empowerment of Persons with Disabilities, Govt. of India under its SIPDA Scheme, has got large number of such lifts installed across the country. 

17.          Although it has been stated that the commissioning and testing of the lift will be completed by 15.10.2014 and it will be open for use by students, I must convey the concern of the college and the students that such delays must be avoided especially when Government of India has launched Accessible India Campaign and installation of disabled friendly lifts has been part of the Central Government’s scheme for many years.  DG, CPWD/Ministry of UD should address such issues and streamline.

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

(i) Respondent No. 2 should conduct an access audit of the campus by trained persons/professionals (preferably, not by the team that did it earlier) along with some students/staff with disabilities of the college within one month from the date of receipt of this order and implement the recommendation.

(ii) Convey the observation of this court in Para 15 of this order to the Access Audit Team that conducted it on the earlier occasion.

(iii) Respondent No.2 may also consider developing the college as a model accessible campus. If it is decided to do so, an action plan for the same may be drawn and its implementation be strictly monitored to ensure that the project is completed within the timelines fixed.

19.           This court be informed of the action taken in the matter within 3 months from the date of receipt of this order as required under Section 81 of the Act which reads as under:

“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.”

19.          The Complaint is disposed of. 

20.          Given under my hand and the seal of the Court this 18^th day of October, 2019.

(T.D. Dhariyal)
State Commissioner for Persons with Disabilities

Copy to:

1.    Director General, CPWD Room No. 101-A, Nirman Bhawan New Delhi – 110011: with reference to submissions of respondent No. 2 in Para 8 at Sl.No.2 and action on Para 17 of this order.