The Persons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995, (Act No.1 of 1996) passed by the
Parliament and it came into force with effect from 7.2.1996. The petitioner
under Public Interest Litigation filed this petition alleging that despite the
commencement of this Act No.1 of 1996, many of the State Governments or
the local authorities in the various States have not fully implemented Section
43 of the Act. Section 43 of the Act reads as follows:
“43. Schemes for preferential allotment of land for
certain purposes.- The appropriate Government and local
authorities shall be notification frame schemes in favour of
persons with disabilities, for the preferential allotment of land at
concessional rates for -
(a) house;
(b) setting up business;
(c) setting up of special recreation
centres;
(d) establishment of special schools;
(e) establishment of research centres;
(f) establishment of factories by
entrepreneurs disabilities.”
This Court issued notice to the various State Governments and
the State Governments have filed counter affidavit and also indicated various
steps taken by the respective Government to implement Section 43 of the
Act. Some of the States have candidly admitted that they have not
implemented Section 43 of the Act. For example, the State of Arunachal
Pradesh stated that this is not so far implemented in the State. Some of the
State Governments stated that Section 43 was partially implemented and for
allotment of land for certain purposes as indicated in Section 43, some
percentage of reservation made in favour of disabled persons. By the
statements of the State Governments, it appears that only marginal benefits
are given as indicated in Section 43 of the Act. No State has come forward
with specific plea that schemes have been formulated either by the State or
by the local authorities and percentage of reservation has already been made
in favour of the disabled persons.
Under the above circumstances, we direct that whenever the
State Governments or local authorities allot land for various purposes
indicated in Section 43 of the Act and
various items indicated in Section 43, preferential treatment be given to the
disabled persons and the land shall be given at concessional rate. The
percentage of reservation may be left to the discretion of the State
Governments/local authorities. However, total percentage of disabled
persons shall be taken into account while deciding the percentage. The Act
has also been provided for appointment of Chief Commissioner to look after
the complaints of person with disabilities. Section 62 enables the
Commissioner to look into complaints with respect to matters relating to
deprivation of rights of persons with disabilities.
We had already directed various State Governments to appoint
Chief Commissioner as well as Commissioner and if any person feel that the
State Governments/local authorities are not extending the benefits to the
persons who are entitled to get such benefits under Section 43 of the Act, he
would be at liberty to make complaint to the appropriate authorities as
envisaged under the provisions of the Act.
The writ petition is disposed of accordingly.