W.P.(C) NO.576/2004
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 benefit
sare 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.