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/ 1724/2017-Wel/CD/3841-42 Dated:12.01.2018
In the
matter of:
Mr. Vijay Nath Mishra
S/o Parasnath Mishra,
M.B. Road, Shakarpur,
Delhi-110092. .……… Complainant
Versus
The Deputy Commissioner of Police,
North West District,
Ashok Vihar, Delhi-110052. …...…Respondent
Date
of hearing: 09.01.2018
Present Sh. Vijay Nath
Mishra, Complainant.
None on behalf of the
respondent.
ORDER
The above named complainant, a
person with blindness vide his complaint dated 13.07.2017 submitted that he purchased a plot measuring 150 yards, khasra
No. 1030, village Qadi Vihar, Delhi from Sh. Anand Swaroop S/o Sh. Nepal Singh
on 28.07.2006. He also got work done on
the plot from time to time. On
22.06.2017, three unknown persons came to his house. One of them mentioned his name as Dharmender
of Alipur. He asked him to meet him in
the house of Sh. Sudhir Rana with the papers of the plot. He threatened to kill him if he did not do so. He wants to do construction work in his plot.
However, he is afraid of those
persons. In June, 2016 one Sh. Jagdish,
S/o Sh. Mahender also harassed him and claimed ownership of the plot. He had filed complaints with S.H.O. (Swaroop
Nagar), Delhi.
2. Reiterating his earlier submissions, the complainant vide his letter dated
17.11.2017 added that the S.H.O.
(Swaroop Nagar), Sh. Bharat Ram Meena did not give much attention to the
matter. The complainant, therefore,
requested for an early intervention.
3. The complaint was taken up with the respondent
vide letter dated 06.07.2017 followed by reminder dated 16.11.2017. As there was no response from the respondent,
a hearing was scheduled on 09.01.2018.
4. During the hearing on 09.01.2018, the
complainant submitted that the case falls under the jurisdiction of Dy.
Commissioner of Police (North West District), Ashok Vihar whereas the notice of
hearing has been sent to DCP(North District), Civil Lines. This probably is the reason why the
respondent has not been represented in the hearing. Reiterating his submissions, the complainant stated
that the vigilance enquiry conducted by the PG Cell, North West District has
already established that the plot belongs to him. However, because of insufficient support of
Police, he is not able to carry out any kind of construction activity in his
plot of land measuring 150 Sq. Yards. He
requested that the DCP (North West) may be advised to provide police personnel to enable him to
carry out some construction work in the plot as Sh. Dharmender threatened him
and the concerned police officials do not provide him the required support.
5 From the record it is observed that the
vigilance enquiry conducted by Inspector (North West) concluded that the
complainant is in possession of plot measuring 150 Sq. Yards bearing khasra no.
1030, A- Block, Qadi Vihar, Swaroop Nagar, Delhi. ACP, PG Cell, North West District in his remarks dated 31.08.2017 also
recorded that the S.I. Sajjan Singh of Police Station , Swaroop Nagar conducted
the enquiry in a lackadaisical manner.
It supports the contention of the complainant that the local Police
personnel have not been providing him the required assistance and support. Complainant also submitted that fed up with
the law enforcing agency and the attitude of the members of the society, he has approached the Metropolitan
Magistrate’s Court in Rohini for relief.
6. Section 7 of the Rights of Persons with
Disabilities Act, 2016 provides for protection of abuse, violence and
exploitation of the persons with disabilities and sub-section 4 of Section 7
casts an obligation on a Police Officer who receives a complaint or otherwise
comes to know of abuse, violence or
exploitation towards any person with disability to extend necessary support and
protection to such a person with disability.
In this regard, Office of the Commissioner of Police, Delhi vide Circular No. 28/2017 dated
25.10.2017 has directed all the DCPs to
take necessary action to make the Inquiry Officers aware of the provisions the Rights
of Persons with Disabilities Act, 2016 and to ensure its effective
implementation.
7. Notwithstanding the fact that the
complainant has already approached Metropolitan Magistrate Court (Rohini), DCP
(North West), Ashok Vihar is advised to
extend necessary support to the complainant to enable him to carry out the
construction activity in his plot. It
may also be ensured that the complainant is not harassed, abused, or exploited
by any person and his rights are not infringed.
8. In the light of the above position, the
complaint is disposed of.
9. Given
under my hand and the seal of the Court this 12th day of January, 2018.
(T.D. Dhariyal )
State Commissioner for
Persons with Disabilities
