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

Phone 011-23216002-04, Telefax:011-23216005, Email: comdis.delhi@nic.in

(Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016)

1.    Case No. 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 (15^th June, 2022) and 2 years (15^th 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 30^th June, 2019 onwards till the work is completed,  shall be submitted by 10^th July, 2019,  10^th 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 15^th 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 10^th  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,   9^th  & 10^th  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. 

Dr. Nitesh Tripathi Vs. NDMC & Khadi India Outlet | Case No. 588/1101/2018/11/1578-1583 | 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,
Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

(Accessibility of Khadi India Outlet & Hotel Alka Classic)

1.    Case No. 588/1101/2018/11/1578-1583              Dated: 29.03.2019

In the matter of:

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

Versus

The Chairperson,
New Delhi Municipal Council,
Palika Kendra, Parliament Street,
New Delhi-110001.                                      ….……..Respondent No. 1

The Manager,
Khadi India Outlet,
Building number, 24,
Regal Building, Baba Kharak Singh Marg,
Connaught Place, New Delhi-110001.          ..……….Respondent No. 2

2.    Case No. 595/1101/2018/11

In the matter of:

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

                                                          Versus

The Chairperson,
New Delhi Municipal Council,
Palika Kendra, Parliament Street,
New Delhi-110001.                                         ………..Respondent No. 1

The Manager,
Hotel Alka Classic New Delhi,
Block P-16, Connaught Circus,
Connaught Place, New Delhi-110001.            …..…..Respondent No. 2

Date of Hearing: 28.03.2019

Present:     Sh. Ram Prakash, Legal Assistant for respondent no. 2 (Khadi India Outlet).          

                                               

ORDER

          The above named complainant, a person with 65% locomotor disability, vide his emails both dated 11.11.2018 pointed out a number of accessibility issues for persons with disabilities at Khadi India Outlets and Hotel Alka Classic and requested immediate intervention.

2.       The complainant raised the identical issues in both the complaints which are reproduced below:-

“i)        On 11/11/2018, at around 3 PM afternoon, I had visited with a need for shopping at Khadi India main showrrom at Regal Building C.P. (Case No: 588/1101/2018/11)/ On 11/11/2018, at around 4 PM evening, I had visited for lunch at Vega Restaurant that is a part of Hotel Alka Classic (Case No: 595/1101/2018/11) and inside its premises as well in C.P. and here the local administration and roads, parking etc is under control of NDMC.  (As may be noticed in photos attached).

ii)          Please find attached copy of File No. 04-36/2018-AIC dated 14th May, 2018 (Subject- 1st Sensitization meeting of stakeholders to make Delhi a model accessible city - minutes of the meeting) and under heading Key Decisions 10 points had been decided for active enforcement of binding provisions of RPWD Act 2016 for making Delhi as a model accessible city under national campaign named as Accessible India Campaign (AIC).

iii)        There is no any standard adaptations for PwD  visitors   at any extent  as I was  discriminated due to barriers on all most all levels and no entrance in radius of this Khadi India Showroom there is no way to  get entry for either me or any wheelchair users with  disabilities , there is no ramp and hand rails either at any place dealing with public in general either at  any showroom, banks & other public service providers in this area and premises of regal building, floors are occupied by local vendors, foot path is without any kinds of tactile tiles and adoptation as meant of either VI or HI sub types of consumers and visitors with disabilities   means at no place I found standard adaptation for PwD as per binding provisions of  AIC & RPWD Act 2016. There is no braille enabled sign board and Standard adaptations of notice board for all sub categories of PwD as defined in RPWD Act 2016 and AIC.

iv)        Here floor is very slippery without any kinds of Tactile tiles, Hand rails at entrance is of not at proper height and as per standard norms, there is no hand rails on either of steps  at any entrance  and  this also not as per standard norms. There is no accessibility adaptation like braille enabled sign board and AV announcement system in line of DMRC that is a binding provision under applicable law of land. 

            Its toilet are very dirty and in damaged  condition in this showroom  where a non-disabled person cannot  use  by own with self respect and dignity  and in non  humanitarian condition so there is nothing for PwD and specially for women with disabilities to avail basic amenities with full respect and dignity. 

v)         Here I have also noticed that there is no reserved parking space with standard parking logo for reserved parking space as meant for disabled friendly vehicle at entire hospital building premises. I had to walk on foot by crossing main road after parking my scooter after a distance of more than 300 meters that is an injurious practice being imposed on PwD that is absolutely avoidable and a preventable risk to life of PwD at larger scale who use to visit here to avail affordable health facilities as per entitlements.

This logo must be prominent and Braille enabled with AV supported system so that all the stakeholders of disability sector who are eligible to avail this benefit must get their legitimate rights under applicable laws in same context. Personnel working in parking area must be sensitized well so that they may work in more efficient way for making PwD visitors more comfortable while using this parking space in entire area of parking.  This parking space as declared reserved for PwD must be free of cost and must be situated at the nearest possible extent as per verdict of the Apex court in matter of Sh. Rajive Raturi.

vi)        I have also found that there is  no arrangement of accessibility to  basic amenities as drinking water and toilets specially in matter of  woman with disabilities who use to visit and get admission for their treatment at this hospital that is a serious  objectionable concerns as an hurdle on way  to make them feel  comfortable and dignified citizens without any kinds of discrimination merely on ground of disability   and need immediate intervention on top priority basis without further loss of time.  

vii)       I have found some bear and tear on the road and foot path of this area that must be repaired without further loss of time as per applicable law of land.

Viii)     All the advanced technologies as per latest technological development in disability empowerment with proper safety measures must be adopted for creating an awareness of road and places more accessible like must be well equipped with Braille enabled sign board and audio visual information systems must be used adequately so that all the stakeholders specially from disability sector must be protected  from any avoidable injury and accidents due to such types of  activities in near future at this hospital.

ix)        This   issue is related   to   protection of   fundamental rights under Article 21 of Constitution so immediate intervention is requested.   

x)         I am a PwD my own and filed many a cases in this office of SCPD Delhi since more than 5 years but its worst experience to bear that I had to request other person to purchase for  me  ( Copy of Invoice of Goods I had purchased through other person is attached herewith) . It is a serious concern related to fundamental rights of freedom and equality at all level those are binding articles of our great Indian Constitution.  All this area covering many meters is completely inaccessible for PwD and this may be proved by its audit and inspection.

Now adequate adaptation must be done so that all the PwD must be eligible to enjoy their legitimate rights of accessibility and access to services in general as meant for a citizen in toto.

xi)        It is my humble prayer to make respondent aware and sensitive towards the implementation of RPWD Act 2016 in all the means. Training for sensitization and awareness of all those  officer working in administration of this hospital must be done to make them more  accountable  and supportive in active  enforcement of AIC and RPWD Act 2016 as per its spirit for inclusion of PwD without any kind of negative impression of disability sectors or disability rights activists as I had faced same biased treatment with me,  many a times as being a victim  as well as a disability rights activists while mostly  working on most needed issues of accessibility for PwD so this point must be taken in concern that  organization must not work with any  biased   adaptation or any  negative impression just for disability rights  advocacy under RPWD Act 2016. 

A data must be asked that how many officers working in administration level   of this  local body in administrative capacity  have adequate training,  awareness and knowledge of accessibility and RPWD Act 2016 so that they may get adequate sensitization and awareness to make them sensitized   to use their human skills  as key role partner in this AIC. 

xii)       There must be an advisory cum monitoring committee having adequate and rational representations of all the stakeholders those are key policy and decision making personnel  and all the PwD coming from each possible sub categories of disability sectors who are  prominent and well qualified and trained well with adequate experience in field of disability issues  must be given active role to make our city a model accessible city according to vision of our P.M. that reveals in name of Accessible India Campaign (AIC).”

3.       The complaints were taken up with the respondents vide notices dated 26.11.2018 and 27.11.2018 respectively. As the complaints are identical and Khadi India Outlet as well as Hotel Alka Classic, New Delhi fall under the jurisdiction of New Delhi Municipal Corporation, both the cases were tagged and are being disposed of by a common order.

4.       Sh. T.R.Meena, Superintendent Engineer (Roads-I) vide his reply dated 18.12.2018 submitted that the provisions in the Harmonized Guidelines and Space Standard for Barrier Free Build Environment for Persons with Disabilities and Elderly Persons issued by Ministry of Urban Development and the Act are being complied with by NDMC keeping in view the aesthetic design of the entire complex and blocks and safety of persons with disabilities and the senior citizens. NDMC responds quickly wherever there is a need for corrective measures.  Entrance for wheel chair users is available to the Public Plaza of Regal building from Allahabad Bank side entrance and tacktile paths exist along the Plaza flooring.  A separate ramp with handrails has been provided from BKS Marg to Khadi India showroom.  The flooring has been provided with rough surface stone.  The tacktiles are available in the entire area regards parking, that is in the hospital premises.  Any wear and tear of the footpath is rectified promptly.  He has further stated that NDMC is making every sincere effort towards making NDMC area a model accessible city.  Photographs showing the tacktiles, entry for wheel chair users in the plaza, ramps for wheel chair users with handrails in the area have also been enclosed.

5.       Khadi India vide email dated 28.02.2019 submitted that its premises have been renovated by NBCC.  It is having proper ramp in the showroom with lift facility.  A ramp has been provided for persons with disabilities at the rear side of the building.  As regards the ramp at the main gate, Khadi India has purchased readymade ramp which had some measurement issues and therefore another ramp was being fabricated and would be installed within 5-6 days.  The photographs of the ramps with railing and the lift inside the sore have also been enclosed. 

6.       Respondent no. 2 in case No. 595/1101/2018/11 vide reply dated 17.12.2018 submitted that Hotel Alka Classic, Connaught Place, New Delhi was built in the year 1935 and after its reconstruction in the year 1968, established as a hotel.  There are limitations in permission granted for alteration or making major changes to the old building in Connaught Place area by the concerned authorities and as such the present complaint is not maintainable.  It has been further stated that the majority of the facilities for persons with disabilities as per requirements are being provided since long.  Department of Tourism approved the hotel for its classification on 08.03.2018 and certified vide their letter dated 12.04.2018.  In addition, the staff is also trained in providing necessary help to persons with disabilities as and when required.  As such, the complaint is liable to be rejected. The respondent vehemently denied the allegation of being negligent towards providing facilities for persons with disabilities as it has provided the facilities as per the provisions of the Act.  It has further been stated that the complainant visited the hotel during the routine cleanup and maintenance on 11.11.2018 when the moveable ramps placed at the entrance of the hotel leading to Vega restaurant were taken out for washing, cleaning up and painting.  The ramps were fixed back around 6 PM after routine cleanup.  The details of the provisions made for persons with disabilities in the hotel along with the photographs are as under:

“i.          A ramp has been provided at the entrance of the Hotel-Specimen A.

ii.         A ramp has been provided on the 2^nd Step – Specimen B.

iii.        A ramp has been provided on the 3^rd step – Specimen C.

iv.        A wheel chair has been provided – Specimen D.

v.         A disabled toilet has been provided at the Ground floor – Specimen E.

vi.        Low seat WC has been provided along with Grab bars inside the handle inside Specimen E-2.

vii.       Drinking water has been placed in the Lobby for anyone needing – Specimen F.

viii.      Lift has been provided for needs as required – Specimen G.

ix.        A disabled friendly Room no. 105 is provided for use by “Persons with Disabilities” & on the main door a low height PEEP HOLE has been provided.  Specimen H-1

x.         Low seat WC has been provided along with Grab bars inside the toilet of Room no 105 – Specimen – H-2

xi.        Grab bars have been provided in the bath area of the toilet of Room no 105 – Specimen – H-3

xii.       A Disabled friendly “Wash basin’ with specialized fitting has been provide in the bathroom of Room no. 105 Specimen –I.

xiii.      Sliding door has been provided with a handle inside the door of bathroom of Room no. 105 – Specimen J.

The photographs of Specimen A-J as mentioned above are annexed.”   

7.       The allegation of the floor being slippery and toilets un-clean and unhygienic has been denied as the hotel is well maintained in compliance with hygiene standard.  It has also been stated that the hotel has provided the accessible toilet and room as per the standards and there is no question of discrimination against them.  As regards the facility of parking and accessible footpath outside the hotel, the same is the responsibility of NDMC.

8.       While the complainant submitted his rejoinder vide email dated 08.01.2019 in case number 595/1101/2018/11, he did not submit any rejoinder in case no. 588/1101/2018/11.  In the said rejoinder, the complainant stated that since respondent no. 2 has denied that no modification in the building was carried out, it confirms inaccessibility of the hotel. 

9.       Upon considering the written submissions of the parties, a hearing was scheduled on 27.02.2019 which was re-fixed on 28.03.2019.  However, Sh. T.R. Meena, Superintendent Engineer (Roads-I), NDMC appeared on 28.02.2019 and submitted that NDMC on its part has taken the required action on the complaint and submitted its reply alongwith the photographs.  Internal accessibility in the said premises is the responsibility of the owner of the building.  As regards reserved parking for persons with disabilities at different parking lots, Enforcement Branch of NDMC is being advised to do the needful.  

10.     The complainant who was heard on telephone, offered to visit the buildings/places after 07.03.2019 and submit a report by 11.03.2019. 

11.     On 28.03.2019, the representative of Khadi and Village Industries Commission submitted a letter dated 27.03.2019 which reiterates that the Khadi India Showroom is having proper ramps for cleaning etc. and whenever required persons with disabilities are given assistance.  Photographs of the ramps etc. have also been enclosed.  Sh. Ajay Aggarwal, consultant appeared for Alka Hotel and reiterated the written submissions and explained how disabled friendly facilities have been provided.

12.     As the report from complainant had not been received, the State Commissioner alongwith Welfare Officer and the representative of Khadi India Outlet and Sh. Ajay Aggarwal visited Khadi Outlet and Hotel Alka.  It was observed that due to the constraint of space, the wooden detachable ramp at Khadi India Outlet cannot be of prescribed gradient of 1:12  as it would block the walkway.  Human assistance whenever required should be ensured to persons with disabilities. 

13.     In front of Alka Hotel, NDMC has constructed a ramp with handrails which may need reinforcement as the same has been hit by vehicles and its base has loosened.  The attendant at the parking lot informed that there is designated parking.  As and when any person with disability comes, the designated space is vacated by removing the parked cars, if any, as he has the keys of the cars.  It was observed that there was no signage for designated reserved parking.  NDMC therefore should direct the contractors of the parking lots in its jurisdiction to put the parking signages reserved for persons with disabilities which should be easily visible and noticeable. 

14.     The entry into the hotel which is below the level of walkway has a movable ramp which is quite steep for a wheel-chair user to use it safely.  The metal detector is removed and the ramp is slided to its place due to the constraint of space.  The other facilities inside the hotel Alka, like accessible toilet, ramp etc. appear to be as per prescribed standard. The hotel should put a detachable ramp of better gradient.

15.     During the course of interaction, the representatives of the hotel were positive about the idea of making it a model accessible hotel.  The owners of the hotel are therefore advised to have an accessibility audit of the hotel done and carry out necessary modifications, if required, to make it a model accessible hotel.

16.     The respondents are directed to submit action taken report on the above recommendations in para 12, 13, 14 and 15 within 3 months of the date of receipt of the order as required under Section 81 of the Act. 

17.     The complaint is disposed of.

18.     Given under my hand and the seal of the Court this 29^th day of March, 2019.

(T.D. Dhariyal)

State Commissioner for Persons with Disabilities