The website contains all the orders and judgements passed by the Court of the State Commissioner for Persons with Disabilities, Delhi starting March 2017.
Showing posts with label Vending Licence for Persons with Disabilities. Show all posts
Showing posts with label Vending Licence for Persons with Disabilities. Show all posts
Friday, November 22, 2019
Thursday, September 27, 2018
Thursday, February 1, 2018
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
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 31st day of January, 2018.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
Encl: Copy of order dated 27.07.2017
Saturday, September 9, 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
[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 8th 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
[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 8th day of August, 2017.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
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