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]
Case No.
4/1101/2015-Wel/CD/6660-61 Dated: 16.04.2018
In the
matter of:
Sh. Raj Bahadur Bhandari,
7/2, Leprosy Home, Tahirpur,
Shahdara, Delhi-110095. ...Complainant
Versus
The Commissioner
East Delhi Municipal Corporation,
419, Udyog Sadan Patparganj Industrial Area,
Delhi. ..…Respondent
Date
of hearing: 05.04.2018
Present: Sh. Ramphal, SO, ED MC, Sh. Sunil Kumar, EDMC,
Sh. Joseph
S.K.EDMC, Sh. Dharmender Kumar, ASO, EDMC, Dr.
Ramesh Kumar, EDMC
ORDER
The
above named complainant vide his representation dated 27.07.2015 addressed to
the President of India, which was received from the court of Chief Commissioner
for Persons with Disabilities vide their letter dated 28.08.2015 submitted that
he and other 50 family members of the Leprosy Cured persons were shifted from
Andheria Mod, Mehrauli to the Nazul land in East Delhi for rehabilitation in
1958 by former Prime Minister, Pandit Jawaharlal Nehru to do some agricultural
activities for their livelihood Social Welfare Department with Hope Foundation,
an NGO constructed some houses and some leprosy cured persons were settled
there and were given ownership of those houses.
The complainant requested that the 50 family members of the Leprosy
cured persons living in Tahirpur leprosy home complex to be given the ownership
of the residences they are occupying.
2. The complaint was taken up with Department
of Social Welfare and the three Municipal Corporations vide communication dated
9.9.2015. Social Welfare Department vide
letter dated 21.09.2015 informed that Sh. Raj Bhahadur Bhandari had also
approached Hon’ble High Court through his Society “Gandhi Kushth Krishi
Sanstha” in WP(C)/3060/2013. As per the
directions of Hon’ble High Court, the matter was investigated in depth by the
Department of Social Welfare and a report was submitted to the government
counsel and was also given to the petitioner.
Subsequently, petitioner was allowed to withdraw the petition by
court. As per the conclusion of the
report, the land measuring about 16 acres belongs to MCD and therefore
Department of Social Welfare has no rule to play as only EDMC had the
jurisdiction in respect of the land in question.
3. In
view of the above, Social Welfare department, North DMC and South DMC were
removed from the array of parties. East
DMC and the complainant were summoned for hearing on 20.02.2018. During the hearing on 20.02.2018, the
complainant reiterated that the leprosy cured persons who were shifted from
Andheria Mod, Mehrauli to Kusht Grah Tahirpur in 1958 should be given the
ownership of the space they have been allotted to live. He also submitted that the Leprosy Cured
Persons and their families, who were rehabilitated at Anand Grah, Gandhi Ashram
and Kasturba Gram have been given the ownership of the land by the concerned
authorities. Although the members of
Kusht Grah Tahirpur were shifted and rehabilitated much before the members of the
other organisations, they have been discriminated against.
4. The officers from Maintenance
Department and Health Department present during the hearing submitted that as
per the record available with them, the land in question belongs to EDMC. However, they are responsible only for
maintenance. The Land and Estate Department of EDMC is the appropriate
Department to deal with the question of ownership as they maintain the land
record. They also submitted that the
detailed report dated 10.07.2015, which was forwarded to Commissioner, EDMC
vide this Court’s letter dated 16.04.2015 has not been seen by them.
3. It was observed that the
Administrative Officer, Land and Estate Department EDMC (HQ) vide his letter
No. Ac/L&E/EDMC/ 2015D-1350 Dated 20.10.2015 and 09.09.2015 had informed
that the points raised by the complainant in his representation did not pertain
to that Department.
6. In view of the above,
Commissioner vide ROP dated 22.02.2018 EDMC was requested to depute an officer
of appropriate level to coordinate with all the concerned Departments of EDMC
namely Land & Estate Department, Health Department and the Maintenance
Department of EDMC to appreciate the issue involved and submit a consolidated
report by 31.03.2018 mentioning
therein inter-alia as to why the complainant’s request to give ownership of the
space at Kusht Grah Tahirpur to the leprosy cured persons and their families
should not be accepted and the matter was scheduled for hearing on
5.04.2018.
7. During the hearing on 05.04.2018,
EDMC vide letter dated 26.03.2018 informed that ownership of the land in
question vests with EDMC and giving ownership to the present occupiers is a
policy matter and as there is no policy to give ownership rights to the persons, EDMC is not in a position to give ownership
rights to those persons. Dr. Ramesh
Kumar Medical Officer, Leprosy Home, Tahilpur, EDMC also submitted a letter
dated 02.04.2018, contents to which are reproduced below: -
“In pursuance of directions of State
Commissioner for persons with disabilities, a Joint meeting of Health
Department, Land & Estates Department and maintenance Department was held
under the chairmanship of Director Hospital Administration (DHA). The meeting was attended by Dr. N.K. Tangri,
Addl. DHA, Dr. Ramesh, Incharge, Leprosy Home Tahirpur, Sh. Shyam Vir Singh,
AE/EEM-I, Sh(N) and Sh.Ramphal, SO, L & E Department.
The matter was discussed and it was found
that no land has ever been allotted to Leprosy Affected Persons for any purpose
by either erstwhile MCD (now EDMC), MCD is allowing only treatment facilities
to Lepers in this premise, only to the leprosy inmates of leprosy Home, EDMC,
Tahirpur under control of EDMC.
Ownership of the said land vest with EDMC and in respect of transferring
ownership to the present occupiers/leprosy cured persons/ legal heirs/family
members of leprosy cured persons is a policy matter and presently there is no
such policy to transfer ownership rights to the above mentioned peoples.
Finally unanimously it was decided that EDMC is not in a
position to transfer ownership rights to these persons.”
8. He also informed that the leprosy
home is primarily to treat and take care of persons with leprosy and not their
offsprings/relatives. However, they
continue to occupy premises. He also
added that the complainant and 52 others have also filed Writ Petition No. WP
(C)/1496/2017/ Gandhi Kushth Sanstha V/s East Delhi Municipal Corporation. The next date of hearing is on 19.09.2018. Thus the matter is subjudice.
9. In view of the fact that the matter
is before Hon’ble High Court of Delhi. this complaint is closed and disposed
off.
7. Given
under my hand and the seal of the Court this 16th day of April, 2018.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
