Nipun Malhotra vs Government Of Delhi Nct Throgh: ...
2016 Latest Caselaw 7065 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 11711/2015

        NIPUN MALHOTRA
                                                                 ..... Appellant

                                  Through:     Mr. Jai A. Dehadrai, Adv. with Ms.
                                               Shivangini Gupta, Adv.

                         versus

        GOVERNMENT OF DELHI NCT
        THROGH: THE CHIEF SECRETARY
                                                                 ..... Respondent

                                  Through:     Mr. Peeyoosh Kalra, Adv.


CORAM:-
HON'BLE THE CHIEF JUSTICE
HON'BLE MR JUSTICE V. KAMESWAR RAO

                                  ORDER

% 23.11.2016

1. In this petition, the petitioner has sought the following prayers:-

(i) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction to the respondent to carve out an exception for the disabled to use their private vehicles on the proposed car-free/restricted days;

(ii) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction to the respondent to (i) conduct a disability audit of all the public transportation facilities in New

Delhi which are likely to be affected by the odd-even numbered vehicle ban and the areas covered by the car- free days, and (ii) conduct a disability audit of Government buildings and submit the data to the Hon'ble Court;

(iii) Pass any such order or further orders as may be deemed fit and proper in the facts and circumstances of the case and in the interest of justice."

2. Noting the prayers, as sought for, suffice to state and as also conceded by the learned counsel for the petitioner that the only prayer survives for adjudication is the following:-

(ii) conduct a disability audit of Government buildings and submit the data to the Hon'ble Court"

3. Mr. Peeyoosh Kalra, learned counsel appearing for the respondent states that a writ petition seeking directions for the benefit of differently abled persons was filed in this Court being W.P.(C) No. 1977/2014 wherein an order dated February 11, 2015 was passed giving various directions. He has drawn our attention to the same. Suffice to state, in the said order, the directions were primarily related to accessibility of differently abled persons to parking space, pavements etc., which are different from, the relief which survives for our consideration.

4. A specific query was put to the learned counsel for the respondent, as to what kind of an "audit of the government buildings", the petitioner requires the respondent to carry out. According to him, by audit he means survey of the government buildings to ensure facilities exits for smooth ingress and egress of the differently abled persons. On such a submission, we have asked the counsel to list out those facilities. He

seeks two weeks time to file the same. The time prayed is allowed.

5. List for further arguments on 9th December, 2016.

CHIEF JUSTICE

V. KAMESWAR RAO, J

NOVEMBER 23/2016/ak