Showing posts with label Alternative Accommodation. Show all posts
Showing posts with label Alternative Accommodation. Show all posts

Tuesday, February 19, 2019

Dr. Ankit Seth Vs. North Delhi Municipal Corporation | Case No. 382/1081/2018/07/903-904 | Dated: 18.02.2019


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. 382/1081/2018/07/903-904                         Dated: 18.02.2019

In the matter of:
Dr. Ankit Seth
E-80, Thomson Road, MCD Flats,
Minto Road,
New Delhi-110002.                                             ……………..Complainant

Versus

The Commissioner,
North Delhi Municipal Corporation,
Dr. SPM Civic Cetre, J.LN. Marg,
New Delhi-110002.                                               ..…………..Respondent

Date of hearing:    28.01.2019
Present:              Sh.Vijender Kumar,  S.O. and Sanjeev Kumar, ASO on behalf of the Respondent.


ORDER

The above named complainant, a person with 75% locomotor disability vide his complaint 29.05.2018 received from the Court of Chief Commissioner for Persons with Disabilities on 10.07.2018 submitted that he is working as Chief Medical Officer in North DMC and lives in MCD accommodation at Minto Road since 2007 with his aged and ailing parents. MCD has issued a notice to him to vacate the flat within three months on the pretext of redevelopment of the property without allotting him any alternative accommodation.  The complainant inter-alia alleged that while his application was pending for alternative accommodation, a ground floor flat No. D1/1 at Rajpur Road was allotted to another officer.  He requested for allotment of another ground floor flat D1/2 which was  likely to fall vacant at Rajpur Road and is suitable for a wheel chair user.  His request was not acceded to and he was allotted a dilapidated and ruined flat in the same area which is not habitable.  As per his information, flat No. D1/2 has been allotted to Corporation’s Engineer-in-Chief who also lives in the same Minto Road locality where the complainant is living.  The name of the Engineer-in-Chief does not appear in the list of residents of Minto Road who were allotted flats at other locations and hence as per him, the Engineer-in-Chief has been allotted the flat on preferential basis and out of turn. Complainant has requested that allotment of ground floor flat D1/2 at Rajpur Road to Engineer-in-Chief should be cancelled and it should be allotted to him.

2.      The complaint was taken up with the respondent vide letter dated 19.07.2018 followed by reminder dated 27.09.2018 and a hearing on 12.12.2018. 

3.      During the hearing on 12.12.2018, the representatives of the respondent  submitted that the complainant is not eligible for flat No. D1/2,  as he is in the grade pay of Rs. 7600/- .  To this, the complainant stated that since he is likely to be placed in the grade pay of Rs. 8700/- with retrospective effect and MCD has the provision to allot accommodation of higher type by paying three times license fee, he should have been allotted the said house.  As regards repairs and maintenance of the house allotted to the complainant, the representative of the respondent stated that the complainant should request to the Engineering Deptt. and a proposal for repairing all the flats was also submitted to the Finance Department.

4.      On the next date of hearing on 28.01.2019, as the complainant did not appear, he was contacted on his given telephone number. He informed that he had undergone a surgery and therefore could not attend the hearing in person.  He also stated that he visited flat No. E-1,Type IV at 10 Rajpur Road and found that its washroom is not accessible and a wall will have to be removed to enable him to use it with his wheel chair.  Some corridor areas are also very narrow.  He reiterated that a higher category house can be allotted to him on payment of three times the normal license fee.

5.      The representatives of the respondent informed that after hearing on 12.12.2018, the complainant was informed about the availability of Flat No. E-I, Type IV at 10, Rajpur Road and was requested to intimate whether the same was as per his needs.  As there was no response from him, they have submitted the proposal for allotment of the said flat to the complainant to the higher authorities.  If approved, the said flat should be allotted to the complainant.  As regards, modification of the washroom etc., the engineering department will be requested to do the needful.  They however, would not be able to comment on the feasibility to make the said flat accessible for a wheelchair user.

6.      As regards allotment of type-V house, they did not know whether any flat was vacant though the possibility was very rare as there are very limited numbers of type-V houses.  If any house is vacant, they would check and put up the proposal for the same to the higher authorities for decision.

7.      Any Govt. accommodation allotted to the complainant, who is a wheelchair user, should be usable by him.  If flat No. E-I, Type IV at 10, Rajpur Road is not accessible, necessary retrofitting should be done to make it accessible before it is allotted to the complainant.  If it is not feasible to make it accessible for the complainant, then the possibility of allotting him a Type-V house on payment of higher license fee should be explored as the complainant is ready to do so.  Paucity of funds cannot be the ground for not being able to allot an accessible accommodation to the complainant as it is mandatory to make existing public buildings 9accessible under the Rights of Persons with Disabilities Act, 2016.  In order to facilitate early allotment of an accessible Type-IV or V house to the complainant, he is advised to contact Sh. Vijender Kumar, S.O. and  Sh. Sanjeev Kumar, ASO and intimate them his preferred locations.  Sh. Vijender Kumar shall find out the availability/ likely vacation of the preferred houses and intimate the complainant. The preferred house should be considered for allotment to him.  If none of the houses is accessible for the complainant, the concerned authority should take appropriate action to make a house accessible for the complainant and allot him within two months and submit an action taken report within three months from the date of receipt of this order as required under Section 81 of the Act.

8.      The case is disposed of.

9.      Given under my hand and the seal of the Court this 18th day of February, 2019.
  

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