REPORTABLE IN THE SUPREME COURT OF INDIA

CIVIL  ORIGINAL JURISDICTION

WRIT PETITION(C) NO.56  OF 2004

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

O R D E R

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.