SALIL CHATURVEDI v.

UNION OF INDIA & ORS. (W. P. (C) No. 576 of 2004)

MARCH 4, 2009 [K.G. BALAKRISHNAN, CJI, P.SATHASIVAM AND J. M. PANCHAL, JJ.]

[2009] 16 (ADDL.) S.C.R. 505

The Order of the Court was delivered

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;

(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.