Case No. 2189/1111/2021/04/1444-1446 Dated:03-09-21
Sh. Rajiv Kumar Ahlawat
F-26A, 40 Futa, Ganga Vihar,
Near Sun Shine School,
Delhi-110094.
e-mail: seema9560205141@gmail.com ....……Complainant
Versus
The Commissioner,
East Delhi Municipal Corporation
419, Udyog Sadan,
Patparganj Industrial Area,
Karkardooma, Delhi-110092 ..........Respondent No.1
The Deputy Commissioner of Police
North East District,
Seelampur, G.T.Road
Delhi-110053. ..........Respondent No.2
D.O.H.: 02.09.2021
Present: Sh. Rajiv Kumar Ahlawat, Complainant alongwith his wife Mrs. Seema
Sh.Suresh Kumar, Inspector and Dr. Madhuri Panth, DHO (Shahdara North) appeared on behalf of Respondent No. 1.
Sh. Pramod Joshi, SHO (Gokalpuri) appeared on behalf of Respondent No. 2.
ORDER
The complaint of above named complainant, a person with 40% visual impairment was received on 07.04.2021 vide which he alleged about the public nuisance and noise pollution caused by Cross Fit Land Gym and Banquet Hall at Kanak Residency / Sahu Dharamshala at D-251-254, 40 Futa, Ganga Vihar, Delhi-110094 situated in the vicinity of his residence. He made various complaints to Delhi Police, EDMC and other departments via helpline number and emails but no action had been taken by any of the department. He further added that he was threatened by operators of above Gym and Banquet Hall on making such complaints. Thus, he requested this court for taking strict action against the harassment / mental torture caused by running of such prohibited activities in his vicinity.
2. The matter was taken up with the respondent No. 1 & 2 vide letter dated 09.04.2021 for submission of their comments. Addl. Dy. Commissioner of Police-I, North East District vide his reply dated 23.07.2021 informed that an enquiry into the matter was got conducted through ACP/Gokalpuri/NE. Complainant alleged that Deepak Kumar, Gym Manager of Cross Fit Land, D-251-254, Ganga Vihar played music at a very high pitch which caused nuisance in the locality. During the course of enquiry the alleged was properly instructed not to play music on high pitch. He had given in writing that he would ensure the compliance of direction. SHO/Gokalpuri had been directed to take proper action if the alleged found violating the norms.
3. Complainant vide his rejoinder dated 09.04.2021 inter-alia submitted that as per direction of the Hon’ble Supreme Court of India, no such functions can be conducted or permissible in the vicinity of any residential area.
4. To resolve the matter and dispose the petition of the complainant, a hearing was held on 02.09.2021.
During the hearing, complainant was present along with his wife. Representatives of respondent No. 1 & 2 were also present. Complainant inter-alia submitted that being a person with disability he is facing mental torture / harassment for raising a valid point i.e. “to maintain a proper environment in residential area”. He wanted to know whether the Cross Fit Land Gym / Banquet Hall situated in Kanak Residency/ Shahu Dharamshala has any permission of competent authority to conduct such activities in the residential area, if not thus such prohibited activities should immediately be closed.
5. Sh. Suresh Kumar, Inspector and Dr. Madhuri Panth, DHO, Shahdara (North) appeared on behalf of Respondent No. 1 informed that the Cross Fit Land Gym / Banquet Hall situated at Kanak Residency/ Shahu Dharamshala were being running without licence. Accordingly, a Show Cause Notice had already been served to the operators of Cross Fit Land Gym and Banquet Hall (Kanak Residency) in March’2021. However, the Closure Notice in the matter could not be served keeping in view of the force unavailability due to Independence Day Celebration. Now the closure notice would be served shortly to the operators of above Gym and Banquet Hall for sealing.
6. Sh. Pramod Joshi, SHO, Gokalpuri appeared on behalf of respondent No.2 has also ensured that he would take appropriate action in the matter and provide all assistance to the EDMC for sealing of the Cross Fit Land Gym and Banquet Hall at Kanak Residency / Sahu Dharamshala.
7. After due deliberations and discussion, the Court recommends as under:
(i) Court observed that the Cross Fit Land Gym and Banquet Hall located at Kanak Residency / Sahu Dharamshala are being run by its operators without licence. Thus, Respondent No. 1 & 2 is hereby directed to seal the Cross Fit Land Gym and Banquet Hall located at Kanak Residency / Sahu Dharamshala within one month from the date of receipt of this order.
(ii) Respondent No. 2 is also directed to initiate proper action as per law against anyone who tries to manhandle / harass the complainant in any manner being person with disability.
8. The case is disposed of.
9. Given under my hand and the seal of the Court this 03rd day of September, 2021.
