Krishan Lal Vs. Commissioner, East Delhi Municipal Corporation | Case No. 127/1083/2018/02/7555-56A | Dated: 30.05.2018

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]

Case No. 127/1083/2018/02/7555-56A                                          Dated: 30.05.2018

In the matter of:

Sh. Krishan Lal,
S/o Late Sh. Sadhu Lal,
H.No.77-A, Gali no.-11, 
New Lahore Colony,
Shastri Nagar,  Delhi – 110 031.                                   ……….Complainant             

                                                    Versus

The Commissioner,
East Delhi Municipal Corporation, 
419, Udyog Sadan,
Patparganj Industrial Area,
Delhi – 110 092.                                              …………Respondent


Present: Sh. Krishan Lal,  Complainant
Respondent :     None present

Date of hearing: 25.05.2018

ORDER

The above named complainant, a person with 88% locomotor disability vide his complaint dated 22.01.2018 submitted that he was allowed to run a PCO booth and sell some eatables from a kiosk at DDA Community Centre, New Lahore Colony, Shastri Nagar, Delhi – 110 031 near SDM office.  He has 83 years old mother and his father expired when he was a child.  He was earning his livelihood through the said PCO/kiosk.  On 13.01.2018, EDMC demolished his kiosk and destroyed all the material.  He further submitted that he should be allowed to earn his livelihood through the PCO booth so that he can earn his livelihood and be self dependent.  

2. The complaint was taken up with the respondent vide notice dated 06.03.2018 followed by a reminder dated 21.03.2018.  As there was no response, a hearing was scheduled on 25.05.2018.

3. The respondent neither submitted any reply to the notice nor did any one appear on his behalf on the date of hearing despite summons.  The complainant reiterated his written submissions and explained his plight due to destruction of the only means of livelihood.  The complainant added that he applied for a PCO booth/kiosk in 2001 vide diary No. 3729-CL&EC dated 14.12.2001.  He again applied for PCO booth/tehbazari vide receipt No.123002 dated 13.09.2007 of Central Licensing and Enforcement Cell, MCD, Nigam Bhawan, Kashmere Gate, Delhi – 110 006 under the scheme of MCD for squatters/hawkers. However, he has not been allotted any PCO booth/kiosk till date.  During the hearing, complainant also submitted that he is an ITI trained Machinist but due to amputation of his right arm and left arm fingers, he is not able to do the work of his trade.  Therefore, it is important that his means of livelihood i.e. the PCO booth is restored.  He also submitted that he should be compensated by the EDMC for destroying his PCO booth and the material without any notice and for showing complete insensitivity to him as a person with severe disability. 

4. It is a matter of concern that neither any reply was submitted on behalf of Commissioner, EDMC nor did anyone appear.

5. This court vide order dated 27.07.2017 (copy enclosed) in a common order passed on the complaints of a large number of persons with disabilities who had been either doing vending or had applied for allotment of kiosks, recommended the following:

(i) The persons with disabilities who were vending as on 13.09.2013, should not be disturbed and be allowed to earn their livelihood by selling various articles.
(ii)  Persons with disabilities who fulfilled eligibility conditions and had applied for vending licence, allotment of kiosks etc. before 13.09.2013 but were not issued the licence while whose who applied after them were given the licence, should not be denied vending right on the ground that their names do not exist in the list of registered vendors as they would have been covered under this ‘existing vendors’ as on 13.09.2013 had their applications been processed in time by the concerned Municipal authorities.  Such vendors should however produce the proof of having applied for the vending licence, allotment of kiosks, etc.
(iii) The concerned functionaries of the Municipalities/Cantonment Board should be properly and adequately sensitised to deal with persons with disabilities with dignity, particularly while seizing and releasing their goods (perishable/non-perishable) which should be released within the prescribed time limit and be considerate in levying fines.

6. The complainant in this case falls under category (i).  Therefore, he should be allowed to earn his livelihood from a kiosk of appropriate size either from the place his booth was displaced and destroyed or from a nearby suitable place.  The respondent is directed to intimate this court about the arrangement made in consultation with the complainant by 15.06.2018 failing which it will be presumed that the complainant can set up a kiosk at an appropriate location without obstructing free movement of people/traffic and affecting public order to earn his livelihood.  

7.    Given under my hand and the seal of the Court this 30th day of May, 2018.     

(T.D. Dhariyal)

State Commissioner for Persons with Disabilities

Encl.:- As above

Copy to :


Deputy Commissioner of Police, 
  Shalimar Bagh, Farsh Bazar,
Shahdara, Delhi – 110 032. 
(Near Police Station Farsh Bazar)      

Ashok Kumar Aggarwal Vs. The Chairman, APMC & Anr. | Case No. 102/1083/2018/02/7077-79 | Dated: 03.05.2018

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]

Case No. 102/1083/2018/02/7077-79                      Dated: 03.05.2018

In the matter of:

Sh. Ashok Kumar Aggarwal,

S/o Late Sh. Suresh Aggarwal,

G-3/52 Model Town-III

Delhi-1100098.                                                       .……… Complainant     

                                                                     Versus

The Chairman,

APMC, New Sabzimandi, Azadpur,

Delhi-110052.                                                       …...…Respondent No.1

The Dy. Commissioner of Police

(North West District),

Police Station Ashok Vihar,

B-3-5, Deep Cinema Road,

Wazirpur, Phase II, Ashok Vihar,

Delhi-110052                                                          ...…..Respondent No. 2

        

ORDER

              The above named complainant, a person with 50% locomotor disability vide his complaint dated 06.02.2018 submitted that he was allotted a booth at D-Block Parking near Shop No. D-403, APMC Azadpur under the quota of persons with disabilities.  The Officials of the APMC removed his booth in his absence.  A number of persons whom the complainant named threw away his booth and he filed a complaint in Police  Station  Mahindra Park on 24.07.2017 but no action was taken against the said persons who are very influential.  He requested that he should be returned the items of his booth, Rs. 25000/- and the cost to reset up his booth. 

2.           The matter was taken up with the respondent vide communication dated 07.03.2018.

3.           Respondent No. 1, Dy. Secretary,APMC(MNI), Azadpur vide ATR dated 07.03.2018 submitted as under:

“Allotment of space for telephone booth at D-Block (Behind D-Block) near shop No.D-403, NSM, Azadpur, space measuring 5’X5’ sq. ft. for public telephone booth for eleven month allotted to Sh. Ashok Aggarwal, G-3/52, Model Town-3, Delhi vide this office letter No.F.6/APMC/EHQ/96-97/73 dated 04.03.1998 on nominal licence fee with the following terms and conditions:-
1.    That the licence fee shall be paid in advance quarterly @0.75 paisa, per sq. ft. Per month.
2.    That the licence fee may be enhanced at any time by this market committee.
3.    In case of any encroachment near the telephone booth the allotment of space may be cancelled without any notice.
4.    That this shall not be construed as tenancy.
5.    That no permanent structure shall be made on the allotted space.
6.    A Board indicating the rates of telephone calls of various types should be displayed.
7.    That Sh. Ashok Aggarwal shall run the telephone booth himself.
8.    That the space shall be used for installation of telephones only.
9.    No other trade of F&W etc. shall be allowed on this allotted space.
10. That he shall abide/follow each and every terms and conditions which shall be assigned to him by APMC, Azadpur for running the telephone booth.
11. That allottee shall construct the temporary structure of telephone booth within a month, failing which the allotment made by the committee shall be cancelled.
The said space was allotted for telephone booth initially for the period of 11 months w.e.f. 04.03.1998 to 03.02.1999, it was further extended by the Marketing Committee time to time and the said allotment was valid upto 31.03.2015, please refer to notice No.643/APMC/EM/06/366 dated 22.02.2015 vide which Sh. Ashok Aggarwal directed to deposit licence fee w.e.f. 01.10.2014 to 31.03.2015.The said space for telephone booth was allotted to Sh. Ashok Aggarwal in the year 1998, as per the information available, the said space at that time was lying vacant behind D-Block and no shed was made during that time, hence, the competent authority has allowed to Sh. Ashok Aggarwal in the year 1998 to operate telephone booth, from D-Block, Near Shop No.D-403, thereafter, initially a temporary shed (Chappar) was installed by the APMC at behind D-Block, however, the said telephone booth was not shifted from the existing place.During the year 2014-15 the said temporary shed was got vacated from the all the occupying market functionaries including the complainant telephone booth and a new semi-pakka structure was constructed by the APMC, Azadpur in the year 2015-16.  Thereafter, lemon traders and kissans were allowed to operate from newly constructed shed.
After that Sh. Ashok Aggarwal/complainant was also put his telephone booth at Phar No.1, Newly constructed D-Block Parking Shed, which is meant for unloading of agricultural goods only.  As per the terms and conditions of the sanction letter, the maximum size of telephone booth is permitted upto 5’X5’, but the complainant has installed a telephone booth in the size of 6’3X6.3’ which is bigger than the sanctioned size.            As per the terms and condition No.7 of the letter dated 04.03.1009, Sh. Ashok Aggarwal/complainant shall run the telephone booth himself.  But, he does not operate the said telephone booth itself.            However, some traders protested against him and requested to shift his telephone booth from the Phar No.,1, as they do not have sufficient  space for uploading of agricultural goods at Phar No.1 of D-Block Parking Shed, which is the main object of the sheds.            Therefore, Sh. Ashok Aggarwal was requested to shift his telephone booth from the Phar No.1, D-Block Shed to vacant space which is very near at Phar No.1 and Shop No.D-403.  Accordingly, Sh. Ashok Aggarwal itself shifted his telephone booth at the present place of location of telephone booth.            The main object of the complainant is that he may be allowed to install his telephone booth at Phar No.1 (auction Platform) of D-Block Parking Shed, as all sheds are developed for unloading of agricultural produce.  Hence, we are unable to permit him on the Phar No.1 of D-Block Parking Shed as the all sheds are developed for unloading of agricultural goods only.That any action taken is within the four corners of the Act and policy matter which serves the aims and object of the Act”.

 4.      Vide his letter dated 07.03.2018, the complainant alleged that he was being threatened for filing the complaint before this Court and that the land mafia and the concerned officials of APMC are bent upon displacing him from the spot where his booth was initially located.  A hearing was therefore scheduled on 02.04.2018.  During the hearing, the parties agreed to resolve the matter amicably.  Accordingly, respondent was directed to depute the concerned officials and identify a suitable place which is acceptable to the complainant and the commission agents in the Mandi to enable the complainant to carry out his livelihood activities from the kiosk and to submit a report to that affect duly signed by the complainant by 11.04.2018.

5.      Respondent No. 2 was directed to ensure that action on the complaint dated 22.07.2017 of the complainant addressed to SHO, P.S. Mahindra Park, Delhi was taken and an action taken report   submitted by 11.04.2018.  It was also brought to the notice that Commissioner of Police, Delhi vide circular No. 28/2017 has directed all the Dy. Commissioners of Police to take necessary action to make the IOs aware of the provisions of the Rights of Persons with Disabilities Act, 2016 and to ensure its effective implementation particularly Section 7 of the said Act which pertains to the duties of the Police Officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability.

6.      Vide letter dated 26.03.2018, respondent No. 2, informed that the matter was got enquired through ACP, Shalimar Bagh, North West District, Delhi which revealed that APMC authorities had allotted one STD booth to the complainant which has been removed by APMC authorities themselves. As there was no cognizable offence, the complaint was being transferred to Secretary, APMC for necessary action. 

7.      On the next date of hearing on 24.04.2018, Sh. Naresh Jain, Son-in-law of the complainant, who appeared on his behalf, filed a written submission and stated that as per the order of this court, Sh. S.K. Gupta Dy. Secretary, APMC has given permission to set up the booth at the original place on 21.04.2018 and the complainant is satisfied with the arrangement.

8.      In the light of the positive action by respondent No. 1, the complaint is closed and disposed off accordingly.

9.           Given under my hand and the seal of the Court this 3rd day of May, 2018.

           (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities

Digitally Signed PDF Copy of the Order: 

Ruby Mishra Vs. Chairman New Delhi Municipal Council & Head Granthi, Bangla Sahib Gurudwara | Case No. 4/1628/2017-Wel./CD/4045-47 | Dated:31.01.2018

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]

Case No. 4/1628/2017-Wel./CD/4045-47                                         Dated:31.01.2018

In the matter of:

Smt. Ruby Mishra

Shop No-8, Bangla Sahaib Gurudwara,

VMCA, New Delhi-110001                                                ……................ Petitioner

                                          Versus                         

The Chairman,

New Delhi Municipal Council,

Palika Kendra Parliament Street,

New Delhi-110001                                                              ...………...…Respondent No.1

Head Granthi

Bangla Sahib Gurudwara

YMCA, New Delhi-110001                                                ………………Respondent No. 2

Date of Hearing  24.01.2018

Present:                   Smt. Ruby Mishra, Complainant.

Mr. N.L. Chawla, Jt. Director (Enforcement),   Ms. Harmeet Kaur, Advocate on behalf of the respondent No. 1 and 2 respectively.

ORDER

           

          The above named complainant, a person with 52% locomotor disability vide her complaint dated 04.05.2017 submitted that she is a social worker and she sells Tea, Bread Pakora on a small space at Bangla Sahib Gurudwara near YMCA.  The respondent no. 2 causes obstruction and she is being harassed for the last one year and gets her articles removed.  She is also threatened of police action.  The complainant also alleged malpractice and added that the small shop is the only source of her livelihood.  She has further submitted that many other people sell items from that area which belongs to NDMC.  While they are not disturbed, she is being harassed although she has a written order of Chairman, NDMC.

2.      The complaint was taken up with the respondents vide notice dated 03.07.2017.  Respondent No. 2 vide reply dated 03.07.2017 denied the allegations and submitted inter-alia that there are illegal constructions around the site of the Gurdwara.  Bad elements assemble near the shop and create nuisance for the visitors.  They are also using gas cylinder which is hazardous for the pilgrims visiting Gurudwara every day.  The Complainant has also occupied an area in an unauthorised manner.  Therefore, a letter was sent to the Chairman, NDMC and was approached for removal of the encroachment.  If the encroachment was not stopped the whole area including the Toilet Site of the Gurudwara would be occupied by unauthorized occupants. DSGMC and Gurudwara Rakab Ganj Sahib is receiving complaints all the time even from High Dignitaries and Advocates etc. who are visiting the Gurudwara regarding obstruction and nuisance created by unauthorized occupants.

3.      Respondent No. 2 further submitted that the Rights of Persons with Disabilities Act, 2016 under which the complaint has been filed by the complainant, no where mentions that the persons with disabilities will occupy the public premises, open shop and start business in an unauthorized manner.  The complainant is approaching this Court for sympathy and she may not be allowed to run the tea shop near Gurudwara.  There is no threat by Gurudwara Head Granthi for taking away the shop material of the complainant and deprivation of the rights of persons with disabilities.

4.      During the hearing on 24.01.2018, the complainant stated that she continues to sell the items from her stall.  However, the Health and Enforcement Department of NDMC had taken away her articles and imposed heavy fine, which should be reduced.

5.  The Ld. Counsel for respondent no. 2 reiterated the written submissions and added that the Head Granthi of Bangla Sahib Gurudwara, Gyani Ranjeet Singh has not removed any items of the vendors including the complainant.  Gurdwara is concerned only about safety and security of the visitors.

6.      The representative of NDMC submitted that Govt. of NCT of Delhi has given clearance for constitution of the Town Vending Committee (TVC) and a meeting has been scheduled on 24.01.2018 for implementing the orders of the GNCTD.  Once the TVC is constituted, the matter of the vendors with disabilities in NDMC area will be decided early by the TVC.

7.      The issues concerning the plight of vendors with disabilities in the NCT of Delhi have been discussed  while disposing of the complaints of a large number of persons with disabilities in case No. 4/1233/2016-Wel/CD.  Vide order dated 27.07.2017 in that case, one of the recommendations of this court is that persons with disabilities who were vending as on 13.09.2013 should not be disturbed and be allowed to earn their livelihood by selling various items.

 

8.      It is observed that the complainant applied for Tehbazari site vide application dated 30.11.2007 and has been vending since the year 2000.  She is thus, covered under para 5(i) of the said order dated 27.07.2017.  Therefore, as recommended in that order, she should not be disturbed and allowed to earn her livelihood by selling various articles. A copy of the order dated 27.07.2017 is enclosed with order for ready reference. 

9.      It is also observed that the complainant is in the list of 100 persons with disabilities who have applied for certificate of vending in NDMC area.  It is expected that TVC will decide her case considering her disability and gender. 

10.    The complaint is disposed off accordingly.

11.    Given under my hand and the seal of the Court this 31^st day of January, 2018.

(T.D. Dhariyal)

State Commissioner for Persons with Disabilities

Encl:  Copy of order dated 27.07.2017

Govind Ram Vs. MS, GB Pant Institute of Medical Education & Research | Case No. 4/795/2014-Wel./CD/ 661-62 | Dated: 06.06.2017

Case Summary:

Misc.  - Permitting sale of errands on PCO booth run by Disabled in light of PCOs becoming obsolete.  Complainant harassed by the hospital authorities for selling eatables from the premises of the PCO booth; matter was adjourned sine die by earlier Commissioner as a suit was also filed before Civil Judge in district court.  

Directions - Complainant should not be harassed on the ground of disability. Also the Hon’ble Supreme Court of India in Maharashtra Ekta Hawkers Union & anr V/s Municipal Corporation & Ors greater Mumbai in Civil appeal no. 4156-4157 of 2002 has already passed judgement saying Persons with disabilities who were allowed to operate PCOs shall be allowed to continue to run their stall and sell other goods because running of PCOs is no longer viable.

Rules/Acts/Orders: 

1. Judgement (2009) 17 SCC 231 

2. Hon’ble Supreme Court of India Judgement in Maharashtra Ekta Hawkers Union & Anr V/s Municipal Corporation & Ors Greater Mumbai in Civil appeal no. 4156-4157 of 2002; 

Order / Judgement: 

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]

Case No. 4/795/2014-Wel./CD/ 661-62                                 Dated: 06.06.2017

In the matter of:

Sh. Govind Ram

Viklang Stall Gate No. 7

OPD Block, Pt. Govind Ballabh Pant Hospital

New Delhi – 110001                                                     ………….Complainant

                                  Versus

The  Medical Superintendent

G.B. Pant Institute of

Postgraduate Medical Education & Research (GIPMER)

1, J.L. Nehru Marg,

New Delhi – 110001.                                                     …….……..Respondent

ORDER

            A Complaint dated 1.10.2014 of the above name complaint, addressed to the Hon’ble Prime Minister a person with more than 40% locomotor  disabilities was received from the office of Chief Commissioner for Persons with Disabilities vide letter dated 1.11.2014. In the said complaint,  it is stated that the complainant and  Sh. Lal Singh were running a PCO booth for the last 20 years at G.B.Pant Hospital. The PCOs were locked and sealed by the Hospital. These locks  were opened on the direction of Civil Judge Central, Tis  Hazari Court vide order dated 30.08.2016. The complainant inter-alia alleged harassment  by Dr. S.P. Jayant,  Medical Superintendent of the Hospital and Sh. Ram Iqbal chowkidar. The complainant also alleged that they have been indulging in various corrupt activities and requested to take action against them and  relief  for himself. 

2.         The complaint was taken up with the respondent who submitted his reply and denied any harassment  to the complainant. The respondent also submitted that the PCO was sealed as the complainant started using the site for selling eatable goods in the PCO. Further,  a Civil Suit filed by the complainant is pending adjudication in the court of Sh. Anubhav Jain, Civil Judge who had directed to remove the locks and de-seal the PCO which was compiled with. Therefore the proceedings before the Commissioner for persons with disabilities should be dropped.

3.         After hearing the parties and submission of the copy of the order dated 30.08.2014 of Tis Hazari Court in Suit no. - 690/14 and other relating documents,  the then Commissioner for persons with disabilities adjourned the case sine-die on 30.11.2015.

4.         On perusal of the record in the case file, it is observed that the complainant has not submitted any rejoinder/comments on the reply of respondent  though he was advised to do so vide letter dated 01.05.2015.  The complainant has not approached this office thereafter. It is also observed that the matter in the Tis Hazaari Court was listed for cross examination on 18.05.2015.

5.         In the light of the fact that the matter is already before the Hon’ble Civil Judge, Tis Hazari Court,  the complaint in this court is closed. The respondent shall ensure that the complainant is not harassed by the hospital authorities on ground of his disability. With regard to the issue of selling eatables from the premises of the PCO booth,  the attention of the parties is drawn to the following observation of Hon’ble Supreme Court of India in Maharashtra Ekta Hawkers Union & anr V/s Municipal Corporation & Ors greater Mumbai in Civil appeal no. 4156-4157 of 2002;

            “Physically challenged who were allowed to operate PCO’s in terms of judgement reported in (2009) 17 SCC 231 shall be allowed to continue to run their stall and sell other goods because running of PCO’s is no longer viable. Those who were allowed to run Aarey/Sarita shall be allowed to continue to operate their stalls”.

6.         This observation has also been quoted in the order dated 30.08.2014 passed by Civil Judge, Central, Tis Hazari Court.

The matter is disposed of accordingly

          Given under my hand and the seal of the court this 05th day of June,  2017.

         

(T.D.Dhariyal)                         

 State Commissioner for Persons with Disabilities