The website contains all the orders and judgements passed by the Court of the State Commissioner for Persons with Disabilities, Delhi starting March 2017.
Showing posts with label Accessibility in Markets developed by DDA. Show all posts
Showing posts with label Accessibility in Markets developed by DDA. Show all posts
Wednesday, November 27, 2019
Saturday, May 11, 2019
Suo Motu Vs. DDA & SDMC |Case No. 679/1101/2019/01/2242-2243 | Dated: 10.05.2019
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
(Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016)
1. Case No. 679/1101/2019/01/2242-2243 Dated:
10.05.2019
(Regarding inaccessibility of Markets in Dwarka)
In the matter of:
SUO-MOTU
Versus
The Vice Chairman
DDA, A-Block, 1st Floor,
Vikas Sadan, Near INA Market
New Delhi-110023 .......Respondent No.1
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New
Delhi -110002. ........Respondent No.2
2. Case
No. 593/1101/2018/11/
(Reg. Inaccessibility of Manish Twin Plaza Market)
In the matter of:
Dr. Nitesh Tripathi,
H.No. 8, B-Block,
Swami Vivekanand Marg,
Sant Nagar, Burari,
Delhi-110084.
…..Complainant
Versus
The Vice Chairman
DDA, A-Block, 1st Floor,
Vikas Sadan, Near INA Market
New Delhi-110023 .......Respondent No.1
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New
Delhi -110002. ........Respondent
No.2
Date of hearing: 03.5.2019
Present: Sh.
Raghav Alok, Advocate and Sh. Narsi Gupa, Consultant on behalf of Respondent No.
1.
ORDER
1. Case No. 679/1101/2019/01
(Regarding inaccessibility of Markets in
Dwarka)
1. State Commissioner had also taken
cognizance of inaccessible built environment and transport in NCT of Delhi in
Suo-motu case No. 4/1665/2017-Wel/CD and taken up with the concerned
authorities on 19.07.2017. DDA, among other
respondents in that case had submitted that the built environment under their
jurisdiction would be made accessible and had also drawn up action plans for
the purpose. Dwarka markets are neither
included in the action plan of DDA nor SDMC.
2. State
Commissioner visited various markets and other facilities around NCT of Delhi including a few markets in Dwarka on
05.01.2019 and found that none of the shops/service provider’s premises in
those markets was accessible particularly for wheel chair users. There were no
reserved parking, accessible toilets, foot paths, etc. The matter was therefore
taken up with DDA and SDMC under the Rights of Persons with Disabilities Act,
2016 hereinafter refer to as the Act, vide Show-Cause-Cum Hearing Notice dated
25.01.2019 and the matter was scheduled for hearing on 12.02.2019.
Case No.
593/1101/2018/11
(Reg. Inaccessibility of Manish Twin Plaza Market)
3. Dr. Nitesh Tripathi, a person with 65%
locomotor disability vide his email dated 15.11.2018 submitted that on
14.11.2018, he visited Manish Twin Plaza Market Complex, Sector-4, Dwarka, New
Delhi. He submitted that the floors were
slippery without any tactile tiles, there were no signages and other
accessibility adaptations like Braille
enabled sign boards and AV announcement system, reserved parking space for
persons with disabilities, drinking water
facility etc. Flower pots and decorative
stuff blocked the walking area. The
roads and footpaths were damaged. He
also enclosed photographs that indicated inaccessibility of various facilities.
The complainant requested that the respondent should be made aware about the
accessibility needs of persons with disabilities and be sensitised and made
accountable. There should be an
advisory monitoring committee with adequate representation of all the stake
holders particularly persons with disabilities.
4. The complaint was
forwarded to the SDMC vide email dated 22.11.2018 followed by a reminder dated
26.12.2018. As there was no response, a
hearing was scheduled on 12.02.2019. The
Nodal Officer- Cum-Chief Engineer, SDMC vide letter dated 07.02.2019 directed the
concerned Executive Engineers to remove all the short-comings and to attend the
hearing on 12.02.2019 alongwith the action taken report.
5. Three
more cases (Case No.691/1101/2019/01, Case No. 670/1101/2019/01 and Case No.
713/1101/2019/01) involving private buildings were also clubbed with this
suo-motu case. Based on the action taken
by the concerned owners of the said private buildings/ service providers, they
have been disposed of by separate orders.
6. The
above remaining two cases are being disposed of by this common order. On 12.02.2019, representatives of SDMC
informed that none of the markets in various sectors of Dwarka has been handed
over by DDA to SDMC. None appeared on
behalf of DDA. On 25.03.2019 Sh. Raghav
Alok, Panel Lawyer, who appeared on behalf of DDA submitted that he received
the case file only on 23.03.2019 and
sought 15 days time for filing a detailed reply.
7. Vide
RoP dated 27.03.2019, DDA was directed to provide the following information:
(i) Process / scheme under which various
markets in Dwarka came up;
(ii) The terms and conditions of allotment of
land and for construction of shopping complexes from where various facilities and
services would be provided;
(iii) The requirement of complying with the building
bye-laws, national building code;
(iv)
Regulatory / monitoring authority for
ensuring compliance with the statutory
bye-laws etc.
(v) Name and contact details of the original
allottees and the current owners / lease holders.
8. On
the next date of hearing on 03.05.2019, Sh. Raghav Alok, Counsel for DDA submitted
that necessary directions have been issued at the level of Chief Engineer,
Dwarka, Superintending Engineer/CC-2 and also by the concerned Executive
Engineers to their subordinates so that all the footpaths/ toilets/ community
halls of Dwarka Zone shall be made accessible for persons with
disabilities. He also submitted an
assurance signed by Executive Engineer, SWD/DDA which is marked to SE/CC-2/DDA,
CE(Dwarka), DDA that the work of making accessible all the foot paths/
toilets/community halls etc. of Dwarka Zone shall be completed within two years, if feasible.
9. On
being pointed out that the suo-motu case is about the markets in Dwarka which
comprises shops toilets, footpaths etc. and
the offices from where service providers are providing services, Sh. Raghav
Alok clarified that there has been some
typing error due to which ‘buildings / markets’ have not been typed in the assurance dated 16.04.2019. He produced an internal communication/
undertaking dated 04.04.2019 circulated by SE(HQ)DWK/DDA to SE/CC-@/DDA,
SE/CC-13/DDA, SE/CC-17/DDA, Chief Engineer(Dwarka) and all the EEs which mentions “community
hall/ buildings/ markets/ foot path/ toilets roads etc. Chief Engineer,
Dwarka vide letter no. CE (DWK) 12(16)19/Court case/1043 dated 03.05.2019 also
issued a corrigendum to the effect that the undertaking dated 04.04.2019 has
been given after discussion with the Panel Lawyer and as directed by the State
Commissioner for Persons with Disabilities.
10. As
regards the information sought vide Para 4 of the RoP dated 27.03.2019
reproduced in Para 7 above, Sh. Raghav
Alok submitted a copy of the internal
noting along with the terms and conditions of E-Auction for allotment of built
up shops/ offices / kiosks on free hold basis under the Delhi Development
Authority (Management Disposal of Housing Estate) Regulations, 1968. The said papers do not answer the questions raised
and information sought by this Court vide RoP dated 27.03.2019.
11. However,
in view of the internal directions issued to the concerned officers of DDA, the
assurance / undertaking given by them and the fact that obtaining the
information from the various Departments/ wings of DDA would be a long drawn
process, it is considered expedient to dispose of these cases.
12. Section 40 of the Act provides for
formulating the rules to lay down the standards of accessible physical
environment etc for persons with disabilities.
13. Rule 15 of the Rights of Persons with
Disabilities Rules, 2017 (the Rules) notified by Ministry of Social Justice and
Empowerment (Department of Empowerment of Persons with Disabilities) vide
notification dated 15.6.2017, provides that the standard for public buildings
as specified in the ‘Harmonised
Guidelines and Space Standards for Barrier free Built Environment for Persons
with Disabilities and Elderly Persons’ as issued by the Government of
India, Ministry of Urban Development in 2016, shall be complied by every
establishment.
14. Section 45 and Section 46 of the Act
mandate that all existing public buildings and the services shall be made
accessible for persons with disabilities within a period of 5 years (15th
June, 2022) and 2 years (15th June, 2019) respectively.
15. As per section 2(w) of the Act, “public
building” means a Government or
private building, used or accessed by the public at large, including a building
used for educational or vocational purposes, workplace, commercial activities,
public utilities, religious, cultural, leisure or recreational activities,
medical or health services, law enforcement agencies, reformatories or judicial
foras, railway stations or platforms, roadways bus stands or terminus, airports
or waterways.
16. Section 2(x) of the Act defines “public
facilities and services” as all forms of delivery of services to the public
at large, including housing, educational and vocational trainings, employment
and career advancement, shopping or marketing, religious, cultural, leisure or
recreational, medical, health and rehabilitation, banking, finance and
insurance, communication, postal and information, access to justice, public
utilities, transportation.
17. Section
89 of the Act also provides for punishment for contravention of the provisions
of the Act or rules or regulations made there under which may extend to Rs. 5
lakh.
18. As
the Govt. as well as private establishments are mandated to make “public buildings” and “public facilities and services” accessible within the specified dates and non-compliance is
punishable, it is important that the original allottees / lease holders /
current occupiers of the market / plots
on which the buildings / markets/ offices have been constructed and from where
services are being provided to the public are informed about the provisions of the Act
and directed to make their premises / facilities / services accessible to
persons with disabilities within the prescribed time frame.
19. In
the light of the above, following recommendations are made:
(i) DDA should submit an action
plan indicating the dates by which various markets under its control in Dwarka
shall be made accessible to persons with disabilities in accordance with the
harmonised guidelines issued by the Ministry of Urban Development, Govt. of
India referred to above. The action plan
should also include accessibility of
foot paths corridors, drinking water facility, toilets if any.
(ii)
A quarterly progress report as
on 30th June, 2019 onwards till the work is completed, shall be submitted by 10th July, 2019, 10th October, 2019 and so on.
(iii) DDA should issue a circular for
providing services, facilities in
accordance with the rules on accessibility to the owners, lease holders,
occupiers who are providing facilities and services from their premises to the public by 15
June, 2019, failing which
appropriate action should be initiated against the contraveners of the
provisions of the Act and the Rules.
(iv)
DDA shall make available the
list containing names/addresses/contact details of the original allottees and
the owners / lease holders / current occupiers to this Court before 15th June, 2019.
20. An
Action Taken Report on the above mentioned recommendations be submitted to this
Court within three months from the date of receipt of this order as required
under Section 81 of the Act.
21. Given
under my hand and the seal of the Court this 10th day of May, 2019.
( T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
Copy to:
1. The Principal Secretary, Urban
Development Department and Chairman, Monitoring Committee, 9th & 10th Level, C-Wing, Delhi Sectt., I.P Estate, New
Delh-110002 for information and necessary action.
2. The Secretary, Social Welfare Deptt.,
GLNS Complex, Delhi Gate, Delhi-110002.
Saturday, March 30, 2019
Nitesh Tripathi Vs. SDMC, DDA & Hotel Shhaurya | Case No. 670/1101/2019/01/1535-1538 | Dated: 29.03.2019
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,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
1.
Case No. 670/1101/2019/01/1535-1538 Dated: 29.03.2019
(Regarding inaccessibility of Hotel Shhaurya)
In the matter of:
Dr. Nitesh Tripathi,
H.No. 241, B-Block,
Gali No. 11, Sant Nagar,
Burari, Delhi-110084 …….Complainant
Versus
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New
Delhi -110002. ........Respondent No.1
(Attention:
Sh. Ramesh Chand, Nodal Officer,
Chief
Engineer, SDMC)
The Vice Chairman
DDA, A-Block, 1st Floor,
Vikas Sadan, Near INA Market
New Delhi-110023 ......Respondent No. 2
The Manager
Hotel Shhaurya
Sector 13, Kakrola
New Delhi 110075 .......Respondent no 3
2. Case
No. 691/1101/2019/01/
(Reg. Inaccessibility of Gazzab Family Restaurant)
In the matter of:
Dr. Nitesh Tripathi,
H.No. 241, B-Block,
Gali No. 11, Sant Nagar,
Burari, Delhi-110084 …….Complainant
Versus
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New
Delhi -110002. ........Respondent No.1
(Attention:
Sh. Ramesh Chand, Nodal Officer,
Chief
Engineer, SDMC)
The Vice Chairman
DDA, A-Block, 1st Floor,
Vikas Sadan, Near INA Market
New Delhi-110023 .......Respondent No.2
The Manager
Gazzab Family Restaurant
RZ B-11, Mahavir Enclave part 1,
Mahavir Enclave, New Delhi 110045 .......Respondent
no 3
3.
Case No. 713/1101/2019/01/
(Reg. Inaccessibility of Vamsi Digital Zone)
In the matter of:
Dr. Nitesh Tripathi,
H.No. 241, B-Block,
Gali No. 11, Sant Nagar,
Burari, Delhi-110084 …….Complainant
Versus
The Commissioner
South Delhi Municipal Corporation
9th Floor, Dr. S.P.M. Civic Centre
JLN Marg,
New Delhi -110002. ........Respondent No.1
(Attention:
Sh. Ramesh Chand, Nodal Officer,
Chief
Engineer, SDMC)
The Manager
Vamsi Digital Zone
RZ B-11 B, Main Road Mahavir Enclave,
Palam South West Delhi-110045 .........Respondent no 2
Date of Hearing: 25.03.2019.
Present: Dr. Nitish Tripathi, Complainant in
person.
ORDER
These cases were tagged with Case
No. 679/1101/2019/01 and No. 593/1101/2018/11 filed by the same complainant,
namely Dr. Nitish Kumar Tripathi and a common record of proceeding for hearing
held on 12.02.2019 was issued. In the
said two cases, DDA is the respondent, whereas in these three cases, DDA is not
the essential party. Therefore, these three
cases have been delinked and are being disposed of by this common order.
2. The complainant, a person with 65% locomotor disability raised
the accessibility issues at the following three locations:
i) Vide
email dated 31.12.2018, Dr. Nitish Tripathi submitted that the alleged Hotel
Shhaurya Guest House, New Delhi was not disabled friendly. DDA market at Sector
13, Kakrola was developed by Delhi Development Authority. He also enclosed the photographs that
revealed the absence of accessible feature.
ii) Vide
his email dated 08.01.2019, the complainant alleged that Gazzab Family
Restaurant, Mahavir Enclave, New Delhi is not disabled friendly and the market
was developed by DDA. He attached the
photographs that revealed that the absence of accessible features.
iii) The
complainant vide his email dated 09.01.2019 submitted that Vamsi Digital Zone which
was the centre for online computer based test for NEET PG examination was not disabled
friendly. The photographs enclosed by
him revealed absence of accessible feature.
3. It was observed that prima
facie there was contravention of the provisions of the Rights of Persons
with Disabilities Act, 2016, hereinafter referred to as ‘Act’.
4. Section 40 of the Act provides for formulating rules to lay
down the standards of accessible physical environment etc for persons with
disabilities. Rule 15 of the Rights of Persons with Disabilities Rules, 2017
notified by Ministry of Social Justice and Empowerment (Department of
Empowerment of Persons with Disabilities) vide notification dated 15.06.2017
provides that the standard for public buildings as specified in the Harmonized
Guidelines and Space Standards for Barrier Free Build Environment for Persons
with Disabilities and Elderly Persons as issued by the Government of India, Ministry
of Urban Development in March, 2016 shall be complied by every establishment. Section 45 and Section 46 of the Act mandate
that all existing public buildings and the services shall be made accessible
for persons with disabilities within a period of 5 years and 2 years
respectively.
5. In light of the above provisions of the Act/Rules, the
respondents were directed to submit their version of the case and it was also
decided to hold a common hearing on 12.02.2019 in 5 cases filed by Dr. Nitish
Tripathi.
6. Sh. Ramesh Chander, who appeared on behalf of owner of Hotel
Shhaurya Guest House also submitted that he did not receive the earlier notice
and therefore sought 10 days time to submit written submissions. He also stated
that all efforts will be made to provide facilities for access to the Shhaurya Guest
House within the constraints of the space.
Wheel chair is available for use by the customers in need and other
facilities will be provided within the time frame this Court may fix.
7. Sh. Ganesh Sharma, Manager alongwith Sh. Ranjit Kumar for Gazzab
Family Restaurant (Case No. 691/1101/2019/01) submitted that they did not
receive the earlier notice. However,
they are willing to provide the possible facilities to make the restaurant
accessible for persons with disabilities within the time frame this Court may
fix. They will file written submissions
within 10 days. He further submitted
that it may not be possible to provide certain things mentioned in the
complaint due to constraints of space.
8. Assistant Engineer (M)-IV Najafgarh Zone, SDMC vide reply dated
12.02.2019 has submitted that neither the building of Vamsi Digital Zone nor Mahavir
Enclave colony (case no. 713/1101/2019/01) are under the jurisdiction of South
DMC. It is a private building in unauthorized colony. During the hearing, Sh. Ashish Mishra, JE
stated that DSIIDC/Irrigation and Flood Control Department are responsible for
maintenance of roads and the Building Department of South DMC deals with the compliance
of building bye-laws. He was directed to
handover the relevant papers to the concerned officer of Building Department of
SDMC under intimation to this Court.
None appeared on behalf of Vamsi Digital Zone.
9. Commissioner, SDMC was advised to direct the concerned officer
of Building Department to file written submissions indicating therein also the
authority responsible for ensuring compliance of building bye-laws in the
unauthorised colonies so that the complaints can be disposed off.
10. Gazzab Family Restaurant in case No. 691/1101/2019/01 and Vamsi
Digital Zone and SDMC in case No. 713/1101/2019/01 were directed to submit
their written submissions by 28.02.2019.
They were also directed to enclose the pictures of the facilities for
which provision is made by the date of filing their replies.
11. Sh. Durgesh Sharma, owner of Hotel Shhaurya vide his letter
received on 22.02.2019 informed that in compliance of the direction vide RoP
dated 12.02.2019, they have made provisions for the following and also enclosed
photographs of the ramp, hand rails, railing and the wheel-chair alongwith
necessary permission letters from SDMC and Delhi Fire Services:
“1. Wheel chair has already been provided at
reception of Guest house. (Photograph
attached)
2. Railing at main gate on both sides has
been provided. (Photograph attached)
3. Ramp at Drive way entrance to reach
main reception of the guest house has been provided.
The
rest of the facilities such as bathroom for disabled will be provided within 2
months and we promise to provide the other facilities as described by this
hon’ble court as soon as possible.
Submitted please.
(Durgesh
Sharma)
Owner
of Guest house Shhaurya”
12. On 25.03.2019, Sh. Ganesh Sharma, Sr. Manager F&B, Gazzab
Family Restaurant appeared and filed written statement which is reproduced
below:
“Respected
Sir/ Madam,
As per last hearing dated 12.02.2019
at the Court of State Commissioner for Persons with Disabilities, National
Capital Territory of Delhi, 25-D, Mata Sundari Road, New Delhi-02. We work on al the points highlighted on your
notice regarding inaccessibility related issued for creating avoidable barrier
on way to persons with Disabilities.
As per discussion at the Court of
State Commissioner for Persons with Disabilities, National Capital Territory of
Delhi, 25-D, Mata Sundari Road, New Delhi-02.
We will provide the possible facilities to make our restaurant is
accessible for all the persons with disabilities.
Regarding to that we appointed two
dedicated restaurant staff for entry and exit at restaurant for the persons
with disabilities.
We removed flowerpots and decorative
stuffs from our restaurant entry and exit point along with walking area.
Apart above we work on possible
facilities to make our restaurant is accessible for all the persons with
disabilities like toilets and many more.
The facilities will provide in next
3 months from today (25.03.2019).
1.
Temporary
Ramp (Removable) for wheel chair on our entry and exit area.
2.
Will
install railing on stairs both side for easily hold by hand
3.
In
bath room will install hand holder near gents and ladies bath room.”
13. None appeared for Vamsi Digital Zone on 25.03.2019 also.
14. In view of the action taken by owner of Hotel Shaurya and Gazzab
Family Restaurant in Case No. 670/1101/2019/01 and Case No. 691/1101/2019/01 respectively,
the complaints are disposed of with the direction that all the feasible accessible
facilities for persons with disabilities be ensured before 15th June, 2019, which is the date by which the service
providers (Govt. as well as private) are mandated to provide services in
accordance with the rules on accessibility formulated by the Central Govt.
under Section 40 of the Act. A
compliance report be submitted by 20th June, 2019.
15. In light of the submissions dated 12.02.2019 of SDMC that
building of Vamsi Digital Zone and Mahavir Enclave Colony are not under its
jurisdiction, it is recommended that Principal Secretary, Department of Urban
Development, Govt. of NCT of Delhi, which is the nodal Department for the
purpose, should take urgent steps/action to ensure that premises of Vamsi
Digital Zone be either made accessible or the owner of the said facility be
stopped from providing any kind of service that is not accessible to persons
with disabilities from there beyond 15th
June, 2019 and an action taken report in this regard be submitted to this
Court by 30th June, 2019 as required under Section 81 of the Act. With this recommendation case no.
713/1101/2019/01 is also disposed of.
16. The cases are disposed of.
17. Given under my hand and the seal of the Court
this 29th day of March, 2019.
(T.D.
Dhariyal)
State Commissioner for
Persons with Disabilities
Copy
to:
Principal
Secretary, Urban Development Department Gnctd,
9th & 10th Level, Delhi Secretariat, I.P. Estate, New Delhi – 110002 for
action on para 15 of this order.
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