Delhi High Court - Orders
Jyoti Singh vs Nand Kishore & Ors on 15 February, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 870/2011
JYOTI SINGH ..... Appellant
Through: Mr. Sanjay Poddar, Sr. Advocate with
Mr. Saurabh Kansal, Advocate.
versus
NAND KISHORE & ORS. ..... Respondents
Through: Mr. Pavan Kumar Vashishth,
Advocate for Mr. A.K. Soni,
Advocate for R-3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 15.02.2021 The hearing was conducted through video conferencing. CM APPL. 5833/2021 (by petr. for early hearing) 1 For the reasons mentioned in the application, it is allowed. 2 The application stands disposed-off.
MAC.APP. 870/20113 The appellant, who has been permanently disabled in a motor vehicle accident, has been provided a wheelchair by the insurer a few months ago. However, her mobility in it is to be optimized. The impact of the disability is to be minimized. Therefore, should she wish to augment her mobility by boarding a train from the Metro station closest to her, i.e. Civil Lines, say to travel to Connaught Place, let it be tested that her movement in the wheelchair is not impeded by in any manner, Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.02.2021 12:49:50 either due to obstructions/construction(s) on the footpath, lack of ramps or poor maintenance thereof, inconvenient or dangerous road crossings, non-availability of 'request traffic lights' for crossing by disabled or children or the elderly; lack of zebra-crossing markings or lack of facilities at the metro station.
4 Let the Delhi Metro Rail Corporation ('DMRC') ensure that her access from the public street to the platform of the Civil Lines Metro Station, boarding of a train at the station, securing the earmarked space in the train, alighting from it at Connaught Place/Rajiv Chowk and making her way up to the street level, is such that other she and others similarly placed feel encouraged to use the Metro services frequently from anywhere in the city. The thought of using public transport should not be daunting for the disabled. Public transport services provided by Delhi Metro and by DTC, should ensure an even field for all commuters. It is expected that due facilitation would be made available to the petitioner and others similarly placed. 5 Mr. Sanjay Poddar, the learned Senior Advocate for the petitioner, submits that the said exercise be carried out in two weeks' time and it be video-recorded. Let this exercise be conducted on the trial basis. Mr. Tarun Johri, the learned Standing Counsel for DMRC, shall coordinate the entire exercise. Similarly, Standing Counsel (Civil), GNCTD (for PWD), Standing Counsel (Criminal) GNCTD for Delhi Police and Standing Counsel SDMC too shall coordinate with their Departments in this exercise. Let a copy of this order be served upon them. The petitioner too shall serve a copy of this order on them for compliance. Mr Poddar shall intimate them of the date and time of the Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.02.2021 12:49:50 proposed visit and coordinate with them.
6 Let a report along with photographs/video graph be furnished before the next date.
7 List on 18.03.2021.
8 The order be uploaded on the website forthwith.
NAJMI WAZIRI, J FEBRUARY 15, 2021 RW Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:16.02.2021 12:49:50