Prajwala vs Union Of India & Ors

PRAJWALA ...PETITIONER.

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS.

WITH W.P.(C) NO.576/2004, W.P.(C) NO.580/2003 W.P.(C) NO.212/2003

ORDER

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; -2-

(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 -3-

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.

...................CJI (K.G. BALAKRISHNAN)

.....................J (P. SATHASIVAM) .....................J (J.M. PANCHAL) NEW DELHI;

MARCH 4, 2009.