Chandra Shekhar Pandey Vs. Dy Director Disabilities, Deptt of Social Welfare & Anr | Case No. 4/1403/2016/Wel./CD/2323-25 | Dated:10.10.2017

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. 4/1403/2016/Wel./CD/2323-25                           Dated:10.10.2017

In the matter of:

Chandra Shekhar Pandey

Block-I, Near Mother Dairy,

Shiv Vihar, Uttam Nagar,

New Delhi-110059                                                  ................ Petitioner

                                          Versus         

                

The Dy. Director (Disabilities),      

Deptt. Of Social Welfare,     

Govt. of NCT of Delhi

GLNS Complex, Delhi,

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

The Principal

Govt. Sr. Secondary School for Blind Boys

Department of Social Welfare

Sewa Kutir Complex, Kingsway Camp,

Delhi-110009                                                      ...…...…Respondent No. 2

                ORDER

The above named complainant, a person with blindness vide his complaint dated 02.08.2016 submitted that he was a student of Senior Secondary School for the Blind Boys, Sewa Kutir, Kingsway Camp, Delhi under Social Welfare Department, Govt. of NCT of Delhi.  He was a student of Class XII in the session 2009-10.  His name in the certificate of XII class is different from the certificate of X class.  He submitted an application in the school on 20.07.2016 for getting the name corrected through CBSE.  The said complaint was received through the Chief Commissioner for Persons with Disabilities vide letter dated 18.08.2016.

2.      The complaint was taken up with Department of Social Welfare vide letter dated 09.09.2016 who forwarded the complaint to the Principal, Govt. Sr. Secondary School for Blind vide letter dated 14.09.2016.  Thereafter a number of correspondences were exchanged and hearing was heard on 08.09.2017.  during the hearing Sh. Suresh Kumar, DDO/HOO, Govt. Sr. Secondary School for the Blind Boys and appeared along with Dy. Director, Disability, Department of Social Welfare was directed to get the correction in the name of complainant done and to submit a report within a month.

3.      On the next date of hearing on 09.10.2017, Sh. Suresh Kumar submitted a report dated 09.10.2017 as per which he wrote a letter dated 26.09.2017 to the controller of examination CBSE for correcting the first name of the complainant from ‘Chandera’ to ‘Chandra’ he pursued the matter with the CBSE who informed that the matter has been put up to the higher authorities in CBSE and on its approval, necessary correction can be made.  However before issuing a fresh certificate with the correct name, the complainant will have to surrender the existing certificate to CBSE.  The process may take about a month.  Sh. Suresh Kumar also assured that he will get in touch with CBSE in this regard.  During the hearing he also submitted that he tried to contacted the complainant on his given telephone number but he did not pickup. 

4.      It is observed that the given telephone number (7503951549) of the complainant is with someone else.  The letter sent to his given address ‘Block-I, Near Mother Dairy, Shiv Vihar, Uttam Nagar, New Delhi-110059’ have been received back with a remark of the postal authorities that the address is incomplete.

5.      It is also observed that in his complaint the complainant has mentioned one email address <smileushasoni@gmail>.  In view of this, this order will be emailed at smileushasoni@gmail.com, in addition to sending it by speed post.  The complainant is directed to contact the school authorities immediately for further action on his part.  The Respondent No. 2 is directed to take the school record and sent a copy of this order to his given addresses including permanent address.  After CBSE corrects the name of the complainant, the complainant may be advised to surrender the existing certificate as required by CBSE.

6.      The complaint is closed and disposed of accordingly.

7.     Given under my hand and the seal of the Court this 10th day of October, 2017.     

                                                                                       (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities

Dr. Nitesh Tripathi Vs. Public Works Department | Case No. 4/1338/2016-Wel/CD/2233-34 | Dated: 06.10.2017

Case Summary:

Dr. Nitesh Tripathi  Vs. Public Works Department

Accessibility: Complainant submitted to the court that there was no proper arrangement of traffic signals on the way to the IPH Satellite Center and DTC Bus Depot in Seemapuri, leading to problems faced by Persons with Disabilities who visit the center for treatment. On perusal of email of complainant, it was observed that the issue pertains to the DTC and Traffic Police. The IPH Director was contacted about the matter and advised to look into it and take up the issue with DTC and Delhi Police.

 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. 4/1338/2016-Wel/CD/2233-34                                     Dated: 06.10.2017

In the matter of:                                                                   

Dr. Nitesh Tripathi

H.No. 241, Gali No. 11, B-Block,

Sant Nagar, Burari,

Delhi-110084.                                                                              …………..Complainant

The Engineer-In-Chief,

Public Works Deptt., GNCT of Delhi,

12^th Floor, MSO Building, IP Estate,

New Delhi-110002.                                                                       …………….Respondent

Date of Hearing :       29.09.2017

Present :                    Dr. Nitesh Tripathi, Complainant.

                                   None for respondent.

ORDER

The above named complainant,  a person with locomotor disability vide his complaint dated 06.09.2016 informed that there was no proper arrangement of traffic signals on the way to Satellite Centre of IPH, Seemapuri and at the DTC Bus Depot  New Seema Puri.  As  a number of patients with disabilities who visit the Centre for treatment relating to rehabilitation, have faced problem.  He therefore, requested to take action for providing barrier free way to the Satellite Centre. 

2.         The matter was taken up inadvertently with the Public Works Department vide letter dated 02.08.2016 followed by reminders and a hearing on 29.09.2016.  On perusal of the email of the complainant, it is observed that the issue pertains to the Delhi Transport Corporation (DTC)  and  Traffic Police.  In view of this, Director, Pt. Deendayal Upadhyaya Institute for the Physically Handicapped was contacted on telephone during the hearing.  She informed that each Satellite Centre has a Nodal Officer.  She has not received any complaint regarding the above mentioned issue in respect of Satellite Centre at New Seema Puri. She was advised to look into the matter and take up with the DTC and Delhi Police to ensure safe and barrier free access for persons with disabilities to the Satellite Centre. 

3.         The matter is disposed of accordingly.

                 

4.        Given under my hand and the seal of the Court this 06th day of October, 2017.     

( T.D. Dhariyal )

State Commissioner for Persons with Disabilities

Dr. Nitesh Tripathi Vs. The Commissioner, North Delhi Municipal Corporation & PWD | Case No. 4/1302/2016-Wel/CD/ 2235-38 | Dated: 06.10.2017

Case Summary:

Dr. Nitesh Tripathi Vs. The Commissioner, NDMC & Another

Accessibility:Complainant submitted that the respondents hadn’t filed a case for not providing an accessible road to Kamal Vihar and requested to order an access audit of the road by deputing an officer to the Court. After communications, respondents submitted that the road in question does not fall under the jurisdiction of the NDMC or the PWD and that the I&FC Department is responsible for its’ construction and maintenance.

Recommendations: I&FC Department is advised to ensure proper accessibility wherever they construct/maintain civic road facilities. Complainant is advised to take up the matter with the concerned authorities and contact the Court in case of any further infringement of his rights.

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. 4/1302/2016-Wel/CD/ 2235-38                                    Dated: 06.10.2017

In the matter of:                                                                  

Dr. Nitesh Tripathi

H.No. 241, Gali No. 11, B-Block,

Sant Nagar, Burari,

Delhi-110084.                                                                …………..Complainant

The Commissioner,                                                      The Engineer-In-Chief,

North Delhi Municipal Corpn.                                       Public Works Deptt.,

Dr. S.P.M. Civic Centre,                                               GNCT of Delhi,

New Delhi-110002.                                                      12^th Floor, MSO Building,

....Respondent No.1                                                    IP Estate, New Delhi-110002.         

………….Respondent 2

Date of Hearing :       29.09.2017

Present :                    Dr. Nitesh Tripathi, Complainant.

                                   None for respondent.

ORDER

The above named complainant,  a person with locomotor disability vide his email  dated 05.07.2016 submitted that the Public Works Deptt.(PWD) and North Delhi Municipal Corporation (North DMC) have not  filed a case for not providing accessible road to Kamal Vihar, near Chetan Bihari Temple Sant Nagar Burari, Delhi-110084.  He requested to order an access audit of the road by deputing an officer of the Court. 

2.         The complaint was taken up with the respondents vide communication dated 19.07.2016 followed by reminders dated 07.10.2016 & 15.11.2017.  Thereafter a hearing was scheduled on 27.12.2016.  As none appeared on 27.12.2016, another hearing was scheduled on 29.09.2017. 

3.         On 29.09.2017, Sh. Kapil  Gupta, Executive Engineer, Civil Lines Zone and Sh. Y.A. Zafari, Asstt. Engineer, appeared for Commissioner, North DMC and submitted the status report dated 26.09.2017.  As per the said report, the road in question has been recently constructed by the Irrigation and Flood Control Deptt.(I&FC).  A recent photograph of the road has also been enclosed. They further added that the area does not fall under the jurisdiction of North DMC or PWD.  As the area is an unauthorised colony, the I&FC Deptt. is responsible for construction and maintenance of the road.  Thus, no action is required by the maintenance division of North DMC.

4.         In view of the above submissions, there is no need for an access audit of the area at this stage.  I&FC Deptt. is advised to ensure proper accessibility for movement of persons with disabilities wherever  they construct / maintain any road or civic facilities. 

5.         The complainant is also advised to take up such matters with the concerned authorities and in the event such authorities do not take appropriate action on his complaint and his rights are infringed, the complaint may then be filed before the Commissioner for Persons with Disabilities in accordance with the provisions of the Rights of Persons with Disabilities Act, 2016 and the Rules framed thereunder.

6.         The matter is disposed of accordingly.

                 

7.       Given under my hand and the seal of the Court this 06th day of October, 2017.     

( T.D. Dhariyal )

State Commissioner for Persons with Disabilities

Copy to:

Chief Engineer, I&FC Department, L.M. Bund Office Complex, Shastri Nagar, Geeta Colony, Delhi.

Om Prakash Vs. Chairman NDMC & Anr. | Case No. 4/634/2014/Wel./CD/ 1755-58 | Dated: 08.09.2017

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. 4/634/2014/Wel./CD/ 1755-58                      Dated: 08.09.2017

In the matter of:

Sh. Om Prakash

DMS Booth No. 77

Sanatan Dharam Mandir

Laxmibai Nagar

New Delhi-110023                                        ................ Petitioner

                                          Versus                         

The Chairman

New Delhi Municipal  council

Palika Kendra

Parliament Street

New Delhi-110001                                   ………...…Respondent- 1

Asstt. Commissioner of Police(Laxmibai Nagar)

Safdarjung Enclave Police Station

Delhi                                                           ………...…Respondent- 2

Date of Hearing: 28.08.2017

Present:              Sh. Om Prakash, the complainant

Sh. Naheem Ahmed, Sh. Ishwar Singh, Sh. Anoop Singh, Inspectors of NDMC

ORDER

          The above named complainant, a person with 56% locomotor disability vide his complaint received on 22.04.2014, submitted that he was allotted a DMS booth in Laxmibai Nagar, 14 years ago.  There is an NDMC Kiosk close by which was sold out by the original allottee to another person who keeps a variety of goods on the footpath and creates garbage all around.  The complainant also alleged that the said persons abuses him and intimidates him.  His daughter and son-in-law also used derogatory language against the complainant.  He also alleged that the said person has the support of NDMC and the Police.

2.      The complaint was taken up with the respondents vide notice dated 13.05.2014 followed by 08.08.2014 and hearings on 01.07.2014, 30.10.2014, 19.11.2014, 19.01.2015, 23.02.2015, 30.03.2015, 29.04.2015, 30.06.2015, 30.07.2015, 01.09.2015, 01.10.2015, 02.11.2015, 23.05.16 and 29.07.2016.

3.      Respondent No. 1 submitted a copy of sealing MEMO dated 29.07.2015 issued to Sh. Harjeet Singh Ahluwalia and Sh. Mohan Singh (unauthorised occupants of Kiosk No. 56, Laxmibai Nagar). The complainant again alleged harassment by Sh. Satinder Bhati.  Thereafter the Respondent No. 1 was directed to increase frequency of raids.

4.      The Office of Dy. Commissioner of Police, South District vide letter dated 15.11.2016 informed that the Investigating Officer of P.S. Sarojini Nagar seized the articles of Mr. Neeraj Kumar and deposited the same into police stations malkhana.  Beat Constable has been directed to keep the watch and hence no further action was required.  A copy of the report of the Police was sent to the complainant for his comments vide letter dated 09.01.2017.  The complainant vide his letter received on 30.05.2017 inter alia stated that Sh. Satinder Bhati on one pretext or the other tries to harass him.

5.      A copy of the complainant was also received from the office of Chief Commissioner for Persons with Disabilities who had received an e-mail from Sh. Gajendra Narayan Karna, regarding case.    

6.      It is observed from the papers in the case file that Kiosk No. 56, at Laxmi Bai Nagar Market, Near DMS Booth was seemingly allotted to  Sh. Harjeet Singh who is stated to have expired.  The shop was being run by him and one Sh. Mohan Singh under some agreement and thereafter by Sh. Satinder Bhati.  As per the report of the Office of the Dy. Commissioner of Police, South District dated 22.11.2016, the said kiosk was being used by Sh. Neeraj Kumar S/o of Sh. Satinder Bhati.  It is however not clear from the available papers in the file whether the current occupants of the said kiosk are the legitimate lease holders or not.

7.      During the hearing on 28.08.2017, the complainant stated that neither Sh. Neeraj Kumar nor his father Sh. Satinder Bhati is the authorised lease holder.  Sh. Satinder Bhati, who according to him, is a DDA employee, continues to sell goods from near his DMS booth and harasses him besides adversely affecting his business.

8.      The representatives of the respondent submitted that they are from the Enforcement Directorate and are responsible for removing any encroachment.  Whenever they receive any complaint either from the complainant or any other person, they remove encroachment as per rules.  This is a continuous practice.  They offered to give the mobile number of the concerned Area Inspector to the complainant who can inform him in case of any encroachment.  As regards harassment, the complainant should report the matter to the police.  They further submitted that the said kiosk no. 56 was sealed and continues as such.  If any person including Sh. Satinder Bhati and Sh. Neeraj Kumar has encroached unauthorisedly, the same will be removed immediately.

9.      The respondents are advised to ensure that the concerned persons as mentioned above do not harass the complainant and adversely affect his livelihood by organising regular vigil of the area.  It is brought to the notice of all concerned that Section 92 (a) of the Rights of Persons with Disabilities Act, 2016 provides that,

                    “Whoever,—

(a) intentionally insults or intimidates with intent to humiliate a person with disability in any place within public view shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.” Section 89 of the said Act also provides for “punishment for contravention of provisions of the said Act or Rules or regulations made there under which may extend to ten thousand rupees and for any subsequent contravention with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.”  Further, as per Section 7 (4) of the Act, Any police officer who receives a complaint or otherwise comes to know of abuse, violence or exploitation towards any person with disability shall inform the aggrieved person of—(a) his or her right to apply for protection under sub-section (2) and the particulars of the Executive Magistrate having jurisdiction to provide assistance among other things to ensure that the person with disability is protected from abuse, violence and exploitation.

10.    The complainant is advised to approach the concerned Police Officials in case of any harassment.  The concerned Police Officers are advised to ensure that the complainant is not harassed by any person and his rights are not infringed. 

11.    During the last over 3 years, this Court has taken various steps to redress the grievance of the complainant.  The concerned authorities namely, NDMC and the Delhi Police have taken action in accordance with the law and have undertaken to take measures under the relevant provisions of the Act so that the complainant is not harassed.  In the light of this and with above advice, the complaint is disposed of.

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

                                                                                     (T.D. Dhariyal)

                     State Commissioner for Persons with Disabilities

Copy to:

The Chief Commissioner of Persons with Disability w.r.t. case No. 6328/1141/2016 dated 04.08.2017.

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