Suo-Motu Vs The Commissioner South Delhi Municipal Corporation (batch of 18 cases) | Case No. 1170/1083/2019/09/7920 | Dated 21.11.2019

Ramesh Kumar & 3 Others Vs. SDMC & DCP (South District) Delhi Police | Case No. 787/1083/2019/03/1965-1970 | Dated: 24.04.2019

In the Court of the 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. 787/1083/2019/03/1965-1970                          Dated: 24.04.2019

In the matter of:

Sh. Ramesh Kumar
B-223, Sukhdev Nagar,
Kotla Mubarakpur,
New Delhi=110003                                                    ......Complainant No. 1

Sh. Krishna Kumar,
1528-A, First Floor,
Wazir Nagar,
Kotla Mubarakpur,
New Delhi-110003                                                     ......Complainant No. 2

Smt. Angoori Devi
Site No. 1020,
Sai Baba Mandir, Lodhi Road,
New Delhi-110003                                                     ......Complainant No. 3

Smt. Simlesh
Site no. 530,
Sai Baba Mandir, Lodhi Road,
New Delhi-110003                                                     ......Complainant No. 4

                                                          Versus

Dy. Commissioner (Central Zone)
South Delhi Municipal Corporation
Jal Vihar, Lajpat Nagar,
New Delhi-110024                                                    .......Respondent No. 1

Dy. Commissioner of Police
(South District)
Police Station, Hauz Khas,
New Delhi-110016                                                    .......Respondent No. 2 

ORDER

          The above names complainants vide their common complaint dated nil received from the court of Chief Commissioner for Persons with Disabilities vide letter dated 22.02.2019 submitted that they are the authorized vendors and have been selling the flowers, garlands and Pooja articles at Sai Baba Mandir, Lodhi Colony, New Delhi since 2005/2008.  Some unauthorized squatters/ vendors are also doing the same business in that area in connivance with the Police and SDMC officials have also threatened them of dire consequences if they made any against any unauthorized squatters namely Sh. Pawan Kumar,  Sh. Inderbhan, Sh. Udaibhan, Ms. Sunita Kumari, Sh. Neeraj, Sh. Pradeep and others.  This has adversely affected their earnings.  They requested that the concerned authorities should be directed to allow authorised vendors only. 

2.       The complaint was taken up with the respondent vide show cause-cum-hearing notice dated 14.03.2019 and hearing was scheduled on 24.04.2019 under the Rights of Persons with Disabilities Act, 2016, hereafter referred to the Act. 

3.       Additional Dy. Commissioner of Police (South District) vide letter dated 14.04.2019 submitted as under:-

Enquiry:-  Enquiry into the matter was got conducted by ACP/ Defence Colony/SD and the point-wise reply submitted is as under:-

1.    Regarding complaint of Sh. Ramesh Kumar, it is submitted that complainant was allotted 7X5 feet tehbazari in the year-1985 under physically handicapped scheme at Eastern corner, Sai Baba Mandir, Lodhi Road, New Delhi.  He has built a port cabin in that area and sells flowers, garland and pooja articles in his shop.  He has never been threatened/ harassed by police or SDMC staff.  However, he has filed a petition vide No. W.P. (C) 7194/2018 in the Hon’ble High Court for removing unauthorized vendors.  NDOH is fixed for 22.04.2019.  As the matter is already subjudiced in Court, hence no more police action is warranted at this stage.

2.    As regard complaint of Sh. Krishan Kumar, it is submitted that the complainant was allotted 7X5 feet tehbazari for PCO booth, in the year-2002 under handicapped quota at Kalkaji Extn. and the same was transferred to Sai Baba Mandir, Lodhi Road in the year-2008.  But the complainant has closed the PCO Booth and is selling flowers, garland and pooja articles in his shop.  He has covered more area than the allotted area and has built a wooden rack along with the remove the same but he did not remove it.  Moreover, the complainant himself does not remain there and his staff only lookafter the work of sale and purchase.  So police staff and SDMC staff has never threatened him.

3.    As regard compliant of Ms. Angoori Devi, it is submitted that the complainant was allotted 6X4 feet open sky tehbazari at Prabhu Market, Sewa Nagar, Lodhi Colony and the same was transferred to Sai Baba Mandir Lodhi Road in the year 2008,  The complainant Smt. Angoori Devi is not disabled and the tehbazari allotted to her is not under handicapped quota.  The complainant herself does not remain present in her shop.  The police staff and SDMC staff has never threatened her.  Moreover, she was allotted 6X4 feet open sky tehbazari but she has covered the area by tin shade and has violated the terms and conditions of Tehbazari.

4.    As regard complaint of Smt. Simlesh, It is submitted that the complainant was allotted 7X% feet tehbazari for PCO booth, under the physically handicapped scheme at Nehru Bazar, Jangpura and the same was transferred to Sai Baba Mandir, Lodhi Road In the year-2008.  But the complainant has closed the PCO Booth and is selling flowers, garland and pooja articles in her shop.  Moreover, the complainant herself does not remain there and her sone in law namely Avinash lookafter the work of sale and purchase.  The police staff and SDMC staff has never threatened her. 

Enquiry revealed that apart from the above complainant total 27 other people sell flowers, garland and pooja articles in their shops at Sai Baba Mandir, Lodhi Road.  Among them, one lady Ms. Parmeshwari Devi w/o Shri Dharam Pal has Court Orders regarding the tehbazari at Sai Baba Mandir, Lodhi Road, New Delhi.  The other 26 people are also running their shops at Sai Baba Mandir, Lodhi Road since long.  Local Police has taken legal action time to time against them and a list of unauthorized vendors has been submitted to Delhi High Court.  As the complainant Sh. Ramesh Kumar has filed a petition in Hon’ble High Court vide No. W.P.(C) 7194/2018 for removing unauthorized vendors.  The matter is already subjudice in the Hon’ble High Court and action will be taken as per the directions of Hon’ble Court.  No more police action is warranted at this stage.  Hence, the complaint may be filed. 

                                                                                  Yours faithfully,

AddI. Dy.Commissioner of Police:
South Distt. New Delhi.

4.      During the hearing, Sh. Anil Sharma, SHO, Lodhi Road reiterated the written submissions and also submitted a list of 27 persons illegally occupying the vicinity of Sai Baba Mandir given by SDMC vide their letter 11.03.2019.  He also informed that the next date of hearing in the Hon’ble High Court is on 17.05.2019.

 

5.      Sh. Sagar Kumar S/o sh. Ramesh Kumar who appeared on behalf of his father submitted that as per the letter dated 11.04.2019 of SDMC, they had removed the encroachment from Sai Baba Mandir and surrounding areas on 03.04.2019 and 10.04.2019 and requested Delhi Police to ensure that the area is not re-occupied by the encroachment.  But, the unauthorized persons again start their business and the Police do not take any action. 

6.      As the matter is before Hon’ble High Court of Delhi, the complaint before the State Commissioner for Persons with Disabilities is closed. 

7.      Smt. Angoori Devi, who is not a person with disability, is informed that the State Commissioner can take up the matters pertaining to the Rights of Persons with Disabilities only.  She should approach the appropriate authorities for redressal of her grievances in future.

8.       Given under my hand and the seal of the Court this 24^th day of April, 2019.

(T.D.Dhariyal)
State Commissioner of Person with Disabilities

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

Mohammed Shabbir Ahmed Khan Vs. The Commissioner, EDMC | Case No. 4/1616/2017-Wel/CD/1759-60 | Dated: 08.09.2017

Case Summary:

Mohammed Shabbir Ahmed Khan Vs. The Commissioner, EDMC

Employment: Complainant’s kiosk was removed by MCD in his absence in June 2010, and the officers of the MCD on 15.07.10 assured this court that he would be allotted a shop in the near future but this hasn’t yet happened. He further submitted that he had received a receipt requiring him to pay Rs. 9000/- on account of encroachment. On contacting the complainant, he informed the court that he had no problem in running his kiosk but he requested that he should be given the license for the kiosk.

As a large number of persons with disabilities had filed complaints related with police stopping them from street vending and the case was pending in the High Court, this Court reiterated recommendations made in an order dated 27.10.17, ie; (1) Persons with disabilities vending as on 13.09.13 should not be disturbed and be allowed to continue vending (2) Persons with disabilities who applied for the vending license but was not granted it should not be denied vending rights on not being covered by “existing vendors” on 13.09.13, so long as they can produce proof of application. (3) Functionaries of Municipalities/Cantonment Board should be sensitized to deal with persons with disabilities, particularly while seizing and releasing their goods.

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. 4/1616/2017-Wel/CD/1759-60                          Dated: 08.09.2017

In the matter of:                                

Sh. Mohammed Shabbir Ahmed Khan

A-39, Gali No. 1, Pahala Pusta,

New Usmanpur,

Delhi-110053                                                          ................ Complainant

                                          Versus      

                   

The Commissioner

East Delhi Municipal Corporation,

419, Udyog Sadan,

Patparganj Instl. Area,

Delhi-110096                                                         ………...…Respondent

Dates of Hearing:        06.09.2017

Present:                        Dr. M.L. Sharma, Asstt. Commissioner, Shahdara, North Zone, Sh. Ritesh Kumar, Labour Welfare Supdt. Shahdara South and Shahdara North on behalf of Respondent.

ORDER

         

          The above named complainant, a person with blindness vide his complaint received on 11.04.207 submitted that he is a R/o Khan Pan Masala, Pehla Pushta, Near Transformer New Usmanpur, Delhi-110053.  In June 2010 he informed this court that his shop (kiosk) was removed by MCD in his absence.  The officers of MCD on 15.07.2010 assured this court that he would be allotted a shop in near future.  However, he has not been allotted any shop till date.  He further submitted that on 07.04.2017 someone gave him a receipt which required him to be present at C-12, Main Yamuna Vihar Road, Maujpur, Delhi to pay Rs. 9000/- on account of encroachment which is to be deposited within 3 days.  The complaint was taken up with the respondent vide notice dated 06.06.2017 followed by reminder dated 27.07.2017.  As there was no response from the respondent, a hearing was scheduled on 06.09.2017 vide summons dated 28.08.2017.

2.      Dr. M.L. Sharma, Asstt. Commissioner, Shahdara, North Zone and Sh. Ritesh Kumar, Labour Welfare Supdt. Shahdara South and Shahdara North appeared and submitted that the details of the case have not so far reached them.  However allotments of kiosks, etc. is to be done as per the recommendation of the Town Vending Committees.  The matter is before Hon’ble High Court of Delhi.  A copy of the complaint and the related papers were handed over to Dr. M.L. Sharma.

3.      As the complainant was not present, he was contacted on his given phone.  He submitted that he has gone to his Home Town in Muzzafarpur, Bihar.  He has no problem in running of his kiosk.  However, he requested that he should be given the licence for the shop/kiosk.

4.      A large number of persons with disabilities had filed complaints in connection with harassment by enforcement officials or denial of permission to earn their livelihoods through street vending.  All those the complaints were disposed of vide order dated 27.07.2017, a copy of which is enclosed.  In view of the fact that the representation in those cases concerned the livelihoods of a large number of persons with disabilities who face adverse situations on day-to-day basis and that the issue of constitution of the Town Vending Committees is before the Hon’ble High Court of Delhi who are seized of the issues connected therewith, the following recommendations have been made:

“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 those 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 the ‘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.”

5.      The case of the complainant may also be dealt in terms of the above mentioned recommendations of this Court vide order dated 27.07.2017.  The complaint is disposed of accordingly.

6.           Given under my hand and the seal of the Court this 8^th day of August, 2017.     

                                                                                          (T.D. Dhariyal)

                      State Commissioner for Persons with Disabilities

Rohtas Singh Vs. The Commissioner, EDMC | Case No. 4/1581/2017-Wel/CD/1761-62 | Dated: 08.09.2017

Case Summary:

Rohtas Singh Vs. The Commissioner, EDMC

Employment: Complainant submitted that he met with an accident and lost his right arm, losing all his property in his treatment and has no other means of livelihood than the kiosk at Anand Vihar Railway Station.

Court referenced recommendations made in Case No. 4/1233/2016-Wel/CD; (1) Persons with disabilities vending as on 13.09.13 should not be disturbed and be allowed to continue vending (2) Persons with disabilities who applied for the vending license but was not granted it should not be denied vending rights on not being covered by “existing vendors” on 13.09.13, so long as they can produce proof of application. (3) Functionaries of Municipalities/Cantonment Board should be sensitized to deal with persons with disabilities, particularly while seizing and releasing their goods.

Court enclosed a copy of the above order, and further noted that it is expected that the concerned officers would take a sympathetic view and let the complaint earn his livelihood lawfully and peacefully.

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. 4/1581/2017-Wel/CD/1761-62            Dated: 08.09.2017

In the matter of:

Sh. Rohtas Singh

R/o A-29, First Floor, DLF,

Bhopura, Gaziabad,

Uttar Pradesh-201005                                             ................ Complainant

                                          Versus                          

The Commissioner

East Delhi Municipal Corporation,

419, Udyog Sadan,

Patparganj Instl. Area,

Delhi-110096                                                            ………...…Respondent

Dates of Hearing           06.09.2017

Present:                         Sh. Rohtas Singh, Complainant

Dr. M.L. Sharma, Asstt. Commissioner, Shahdara, North Zone, Sh. Ritesh Kumar, Labour Welfare Supdt. Shahdara South and Shahdara North on behalf of Respondent.

ORDER

         

The complaint dated 07.03.2017 of the above named complainant, a person with 89% locomotor disability which was received from the Court of Chief Commissioner of Persons with Disabilities vide letter dated 29.03.2017, was taken up with the respondent vide notice dated 31.05.2017 followed by a reminder dated 25.07.2017.  As there was no response from the respondent, a hearing was scheduled vide the summons dated 25.08.2017.

2.       None appeared on behalf of the respondent on 06.09.2017.  However, Dr. M.L. Sharma, Asstt. Commissioner, Shahdara, North Zone and Sh. Ritesh Kumar, Labour Welfare Supdt. Shahdara South and Shahdara North appeared in case No. 4/1616/2017-Wel/CD in Mohd. Shabbir Ahmed Khan Vs. Commissioner East Delhi Municipal Corporation.  They were requested to bring the matter to the notice of the concerned Dy. Commissioner/Asstt. Commissioner and to take appropriate action in the matter and submit a report by 19.09.2017.   Copies of the relevant papers of the case were also given to Dr. Sharma for handing over the concern Dy. Commissioner/Asstt. Commissioner. 

3.       The complainant reiterated his written submissions and stated that he met with an accident on 26.11.2012 and lost his right arm.  He lost all his property in his treatment and has no other means of livelihood than the kiosk at Anand Vihar Railway Station.  He submitted that he may be allowed to earn his livelihood as otherwise he and his family of 9 persons, would have no means of livelihood.

4.       This court vide order dated 27.07.2017 has made the following recommendations in case No. 4/1233/2016-Wel/CD in view of the fact that the representations in those cases concern the livelihoods of a large number of persons with disabilities who face adverse situations on day-to-day basis and that the issue of constitution of the Town Vending Committees is before the Hon’ble High Court of Delhi who are seized of the issues connected therewith:

“ 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 those 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 the ‘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.”

5.       A copy of the order dated 27.07.2017 is enclosed with this order.

6.       It is expected that the concerned officers would take a sympathetic view and let the complainant earn his livelihood in a lawful and peaceful manner.  The complainant is disposed off.

7.     Given under my hand and the seal of the Court this 8^th day of August, 2017.     

                                                                                          (T.D. Dhariyal)

                          State Commissioner for Persons with Disabilities

Namdev Pandit & 54 Ors Vs. Urban Development Deptt & Ors | Case No. 4/1233/2016-Wel./CD/ 1212-1272 | Dated: 27.07.2017

Case Summary:

Employment: Persons with disabilities earning their living through street vending filed complaints to courts regarding harassment by officials and inaction of allotment of kiosks to applicants.

In view of this affecting a large number of PwD, further status reports were avoided and it was recommended that (1) PwD vendors who were vending before 13.09.13 should be left undisturbed (2) ones who had applied for licenses before the said date but hadn’t gotten them due to delay should also be allowed to vend on producing proof of application. Court further noted that some clauses of the Delhi Street Vendors Act may need to be re-examined in light of the Rights of Persons with Disabilities Act, 2016.

Rules/Acts/Orders:

1. Delhi Street Vendors Act

2. Rights of Persons with Disabilities Act, 2016.

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. 4/1233/2016-Wel./CD/ 1212-1272                              Dated: 27.07.2017

In the matter of:

As per the list enclosed                                                            .....           Complainants

Versus

The Pr. Secretary,                                                 The Commissioner,

Urban Development Deptt.                                   North Delhi Municipal Corporation,

9^th Level, C-Wing,                                                  4^th Floor, Dr. S.P.M. Civic Centre,

Delhi Secretariat, I.P. Estate,                                 J.L.N. Marg, New Delhi-110002

New Delhi-110002 .....Respondent No.1                               ......Respondent No.2

The Commissioner,                                               The Commissioner,                      

South Delhi Municipal Corpn.,                               East Delhi Municipal Corporation,

9^th Floor, Dr. SPM Civic Centre,                            419, Udyog Sadan, Patparganj

J.L.N. Marg,   New Delhi-110002                           Industrial Area, Delhi-110096

                .....Respondent No.3                                         ....Respondent No.4

           

The Chairman,                                                       

New Delhi Municipal Council,                            

Palika Kendra, Sansad Marg,  

New Delhi-110001  ... Respondent No.5

                                                                                                                                             

ORDER

A large number of persons with disabilities individually as well as through their associations / societies who had been either doing street vending or had applied to do street vending, filed their representations before the Commissioner of Persons with Disabilities in connection with the harassment by the enforcement officials or denial of permission to earn their livelihoods through street vending.  Their complaints (55 complaints as per enclosed list) were taken up with the concerned municipal authorities from time to time.  Some of the complainants filed multiple representations on the same or different issues at different points of time.   The then Commissioner for Persons with Disabilities held a number of hearings in the said cases.  While the grievances of some of the complainants got redressed partially, those who had applied for allotment of kiosks, street vending etc. are yet to get any relief. Most of them often visit the office of State Commissioner for Persons with Disabilities alleging harassment and inaction on their applications for allotment of kiosks etc. seriously affecting their livelihoods for a variety of reasons including  delay in  constitution of Town Vending Committees (TVCs) / and their operationalization.

2.            Keeping in view the hardships being faced by persons with disabilities due to forced eviction / destruction of their material / imposition of heavy fines on seized material etc by enforcement agencies and inordinate delay in allotment of kiosks,  tahbazari  etc.  a meeting  with Urban Development Department, the three Municipal Corporations of Delhi and New Delhi Municipal Council was convened on 26.06.2017 to review the status of constitution of TVCs by the concerned authorities and to explore the possibility of saving the livelihoods of the affected persons with disabilities. The representatives of the Principal Secretary, U.D. Department, Commissioner South DMC, Commissioner North DMC and Chairman NDMC attended the meeting.  However, neither the Commissioner EDMC / his representative attended the meeting nor did anyone  intimate the inability to attend the meeting despite the fact that the notice of meeting clearly mentioned that a final view would  be taken in the matter and it would not be possible to have further interactions.  The heads of the organisations were requested either   to attend the meeting personally or depute an officer of appropriate level who could make a decisive statement on behalf of the organisation. I am therefore constrained to observe that the concerned officers of EDMC have adopted a recalcitrant approach in finding a possible solution to the cases and demonstrated indifference to the sufferings of a most marginalized section of the society such as  persons with disabilities and hope that Commissioner EDMC  will look into the matter personally and impress upon the concerned officers to be more sensitive towards the issues concerning  persons with disabilities.

3.         The complainants can broadly be grouped in the following three categories:

              I.        Street vendors who were doing street vending on or before 13.09.2013 and are aggrieved by improper treatment and indignified handling by the enforcement officials of the concerned corporation/ council and the police, imposition of heavy amount of fine, delay in release of confiscated goods, etc;

              II.        Persons with disabilities who were not allotted kiosks / licence etc. and not able to do street vending due to various reasons including the apathy of the concerned officials even though they had applied for licence much before 13.09.2013 and were also eligible for  it;

              III.        Persons with disabilities who have applied after 13.09.2013 or there about and need to be considered by the respective Town Vending Committees.

4.          During the meeting, the participating representatives pointed out that some of the vendors with disability were not genuine and also indulge in gross violation of the laws, rules, etc. After an extensive discussion, the participating representatives proposed that the list of the complainants may be provided to them which they would examine and then submit the status of each complainant by a fixed date where after the decision may be taken.

5.         Upon perusal of the record, it is seen that the complaints under consideration had been taken up with the concerned Municipalities already and the issues are as described above. The concerned Municipalities have given their respective versions in some cases from time to time which revolve around constitution of the Town Vending Committees and the matter being subjudice before the Hon’ble High Court of Delhi.  In view of the fact that the representations concern the livelihoods of a large number of persons with disabilities who face adverse situations on day-to- day basis and that the issue of constitution of the Town Vending Committees is before the Hon’ble High Court of Delhi who are seized of the issues connected therewith, it will be expedient to dispose of the complaints rather than wait for another round of status reports by the concerned authorities, which are not likely to be different from the ones so far submitted.  Accordingly, the following is recommended:

   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 those 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 the ‘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.      It is also relevant to point out that some clauses of Delhi Street Vendors (Protection of Livelihood & Regularisation of Street Vending) Rules 2016, may need a relook in light of the coming in to force of the Rights of Persons with Disabilities Act, 2016 (RPwD Act) w.e.f.  19.04.2017 and appreciation of certain issues specific to persons with disabilities.

     7.      Recommendations in respect of a few of such Clauses/ issues are as under:-

          i.        Clause 1.1.9 should provide for some additional method for acknowledgement of the vendor requiring them to sign and put th umb impression as some persons with disabilities may not have thumb or Arms.

                    ii.        Where ever the Persons with Disabilities Act, 1995 occurs in the Rules / scheme, it should be replaced by the Rights of Persons with Disabilities Act,2016.

                     iii.        Section 37 of the RPwD Act provides for reservation of 5% in all poverty alleviation and various development schemes with priority to women with bench mark disabilities. Clauses 3.3.4 should mention 5% instead of 3% for persons with disabilities. New Delhi Municipal Council in their letter no. 983/DIR(Enf)/2015 dated 29.06.2015 had informed  Urban Development  that the quota for persons with disabilities was to be raised from 5% to 10% in compliance of Hon’ble Supreme Court’s Judgement dated 08.10.2010 in the matter of Gainda Ram Vs MCD in Writ Petition (C) 1699/1987. This may be examined and the necessary provision may suitably be incorporated,  where required.

                     iv.        Clause 6.2.1 (ii), provides for preference to widows. Widows with disabilities should be given higher priority amongst the widows. This may suitably be incorporated.

                    v.        Persons with bench mark disabilities who need high support like those with autism, intellectual disability, cerebral palsy, multiple disabilities etc. may require assistance to carry out the vending activities. In such cases support/assistance by family members/legal guardian  may also be considered with adequate safeguards.

                     vi.        Urban Development should  consult Social Welfare Department, GNCT of Delhi being the nodal Department for persons with disabilities before  finalising the Rules and the Scheme.

     8.    The cases as indicated in the list are disposed of with the above observations on the limited issues.

  Given under my hand and the seal of the Court this 25^th  day of July,2017. 

    

                                                                                                                     (T.D. Dhariyal )

Encl: As above.                              State Commissioner for Persons with Disabilities

Copy for information to the Secretary, Social Welfare Department, GLNS Complex, Delhi Gate, New Delhi w.r.t. para 6 of the Order.

CATEGORY WISE LIST OF  CASES

S.NO.	FILE NO.	NAME OF THE COMPLAINANT	CATEGORY
1	4/1305/2016-WEL/CD	SH. NAMDEV PANDIT V/S POLICE	I
2	4/1327/2016-WEL/CD	MS. SABHANA V/S NDMC	I
3	4/1367/2016-WEL/CD	SH. KALICHARAN V/S NDMC	I
4	4/1382/2016-WEL/CD	MS. SABHANA V/S NDMC,POLICE	I
5	4/1393/2016-WEL/CD	SH. VIJAY KR. V/S NDMC	I
6	4/1602/2017-WEL/CD	SH. RAM SHABA V/S POLICE	I
7	4/1601/2017-WEL/CD	SH. NISATH JAN SEVA TRUST V/S NDMC	I
8	4/1396/2016-WEL/CD	SH. VIJAY KUMAR V/S NDMC	I
9	4/592/2014-WEL/CD	SH. VIJAY KUMAR V/S NDMC	I
10	4/782/2014-WEL/CD	SH. KISHAN SINGH V/S NDMC	I
11	4/1142/2015-WEL/CD	SH. RUBY KUMARI MISHRA V/S NDMC	I
12	4/1421/2016-WEL/CD	SH. VIJAY KUMAR V/S NDMC	I
13	4/1442/2016-WEL/CD	SH. VIJAY KUMAR V/S NDMC	I
14	4/1437/2016-WEL/CD	MS. MATHURA BAI & ANR.V/S NDMC	I
15	4/988/2015-WEL/CD	MS. MATHURA BAI V/S NDMC	I
16	4/871/2015-WEL/CD	SH. PRITAM SINGH V/S NDMC	I
17	4/1390/2016-WEL/CD	SH. DHARMENDRA KUMAR PANDEY V/S NDMC	I
18	4/1257/2016-WEL/CD	SH.NARESH PAHARIA V/S SDMC	I
19	4/1082/2015-WEL/CD	MOHD MUNNA KHAN V/S SDMC	I
20	4/786/2014-WEL/CD	SH. RAMKISHAN SAHU VS SDMC & DELHI POLICE	I
21	1(427)/Grv./13-14/CD	SH. RAMKISHAN SAHU VS DDA & POLICE	I

22	4/1293/2016-WEL/CD	SH. VIJAY KUMAR V/S NDMC	II
23	4/1448/2016-WEL/CD	MISS INDERJEET KAUR V/S LNJP HOSPITAL	II
24	4/1568/2017-WEL/CD	SH. AVINASH SINGH V/S SDMC	II
25	4/1452/2016-WEL/CD	SH. RAJ KUMAR V/S EDMC	II
26	4/1141/2015-WEL/CD	SH. DHARMENDRA KUMAR PANDEY V/S NDMC	II
27	4/1404/2016-WEL/CD	SH. ARUN KUMAR THAKUR V/S NDMC	II
28	4/1397/2016-WEL/CD	MS. LAXMI V/S NDMC	II
29	4/1414/2016-WEL/CD	SH. DULARE LAL & SONS V/S NDMC	II
30	4/900/2015-WEL/CD	SH. AMIT KUMAR V/S NDMC	II
31	4/962/2015-WEL/CD	SH. BANKEY LAL V/S SDMC	II
32	4/1370/2016-WEL/CD	MOHD. NAWAB ALI V/S SDMC	II
33	4/1156/2015-WEL/CD	SH. DASRATH THAKUR V/S SDMC	II
34	4/1465/2016-WEL/CD	MS. DHAPA DEVI V/S SDMC	II
35	4/1212/2016-WEL/CD	SH. DEEPAK KUMAR V/S SDMC	II
36	4/1381/2016-WEL/CD	SH.SUNIT KUMAR V/S SDMC	II
37	4/804/2014-WEL/CD	SH. DHAPA DEVI V/S NDMC	II
38	4/1027/2015-WEL/CD	SH. VIJENDER KUMAR V/S NDMC	II
39	4/690/2014-WEL/CD	SH. DEVENDER SINGH ANAND V/S SDMC	II
40	F.1/270/GRV/11-12/CD	SH. DEVENDER SINGH V/S SDMC	II

41	4/1309/2016-WEL/CD	SH. BANKEY LAL PRASAD V/S NDMC	III
42	4/1315/2016-WEL/CD	SH. SHYAM SARAN V/S NDMC	III
43	4/1317/2016-WEL/CD	MS. MADHU DEVI V/S NDMC	III
44	4/1134/2015-WEL/CD	SH. RAKESH S/O SH.HARI LAL V/S NDMC	III
45	4/1109/2015-WEL/CD	SH. BIRENDER V/S SDMC	III
46	4/1144/2015-WEL/CD	MOHD. GULFAM ALI V/S SDMC	III
47	4/1146/2015-WEL/CD	MS. RINKI KUMARI V/S SDMC	III
48	4/1468/2016-WEL/CD	SH. RAM BABU YADAV V/S SDMC	III
49	4/1343/2016-WEL/CD	SH. RAM KR. KUSHWAHA V/S NDMC	III
50	4/1508/2017-WEL/CD	SH. AJAY SINGH V/S SDMC	III
51	4/1545/2017-WEL/CD	SH. VINOK KUMAR V/S EDMC,POLICE	III
52	4/1573/2017-WEL/CD	SH. RAJESH KUMAR V/S EDMC	III
53	4/1543/2017-WEL/CD	SH. RAVI KUMAR V/S SDMC	III
54	4/1482/2016-WEL/CD	SH. SHANKER V/S NDMC	III
55	4/1417/2016-WEL/CD	SH. JITENDER KUMAR V/S NORTH MCD	III

REFERENCE:

              I.        Street vendors who were doing street vending on or before 13.09.2013 and are aggrieved by improper treatment and indignified handling by the enforcement officials of the concerned corporation/ council and the police, imposition of heavy amount of fine, delay in release of confiscated goods, etc;

            II.        Persons with disabilities who were  not allotted kiosks / licence etc. and not able to do street vending due to various reasons including the apathy of the concerned officials even though they had applied for licence much before 13.09.2013 and were also eligible for  it;

           III.        Persons with disabilities who have applied after 13.09.2013 or there about and need to be considered by the respective Town Vending Committees.