ALL INDIA CONFEDERATION OF BLIND Vs. UOI

JUDGEMENT

(1.) SECTION 43 of The Persons With Disabilities (Equal Opportunities, Protection of Rights And Full Participation) Act, 1995 enjoins upon the appropriate Government and the local authorities to frame Schemes, in favour of the persons with disabilities, for preferential allotment of land at concessional rates for houses, setting up business, setting up special recreation centres, and for establishment of special Schools, research centres and factories, by entrepreneurs with disabilities. The contention of the petitioner in W.P.(C) No. 7487/2008 is that neither the respondent DDA nor the Central Government has framed a Scheme in terms of the aforesaid Act. Respondent No.2- DDA framed a policy on 13th October, 2003 which was restricted only to persons with physical disabilities. Later, vide OM dated 17th April, 2004, the said policy was extended to persons with mental illness and mental retardation. The contention of the petitioner is that the said policy was never made public, as a result of which persons with disabilities were unable to take advantage of the said policy. The policy of DDA envisaged 5% reservation in residential allotments along with 10% concession in the total cost. On 9 th October, 2006, Government of India, Ministry of Urban Development framed a policy providing for 5% reservation in allotments made for commercial purposes and 1% reservation in allotments made for residential purposes. The concession was reduced to 5% of the total cost subject to the ceiling of Rs.1 lakh.

(2.) THE petitioner is accordingly seeking quashing of policy dated 13 th October, 2003 framed by DDA and policy dated 9th October, 2006 framed by Government of India. The petitioner is also seeking a direction for framing fresh policy extending the benefit to all categories of persons with disabilities. Another direction sought in the petition is to direct the respondents to make up the difference between the allotments, if any, in each of the four areas, i.e. commercial residential industrial and institutional, as compared to the total numbers that should have been allotted.

(3.) THE petitions have been contested by Delhi Development Authority as well as Union of India. In its counter-affidavit Delhi Development Authority has stated that since they have revised the policy of 2003 by Memorandum dated 9th October, 2006, challenge to the policy of 2003 does not survive. It is further stated that the Scheme dated 9 th October, 2006, inter alia, provides for reservation of 1% in allotment of flats and plots and 5% in allotment of shops, for persons with disabilities, as defined in Section 2 of the The Persons With Disabilities (Equal Opportunities, Protection of Rights And Full Participation) Act, 1995. The reservation, however, is not available in case of disposal by way of auction. The Scheme has also been extended to the allotment of institutional land to the societies of physically handicapped/disabled persons at concessional rates in accordance with the terms and conditions laid down under the Nazul Land Rules. The Scheme provides 5% rebate in cost subject to maximum of Rs.1 lakh, to the persons with the disabilities who are allotted shops, flats and plots under the reserved quota and contains a restriction that such properties shall not be transferred for a period of 15 years. It is further stated in the reply that DDA had provided 1% quota for physically handicapped category in its Rohini Residential Scheme which closed on 25 th April, 1981 and 431 residential plots were allotted to the physically handicapped persons. According to DDA, there is no backlog and request from those persons who are registered under this Scheme but who had not availed the benefit of quota are being entertained, for conversion from general category to physically handicapped category, for allotment of residential plots. It is stated in the reply that in order to ensure a fair distribution of shops for general and reserved categories, the entire new inventory is fed into computer and based on computerized draw shops were earmarked for general and reserved categories including physically handicapped. The shops for reserved categories are disposed of after issuing public notice in leading newspapers, inviting applications from eligible persons of reserved categories, whereas the shops in general category are disposed of through tenders. In case of non-disposal of the shops earmarked for a particular category, such shop is again included in the next draw/tender under that particular category. Since allotments under reserved category are made at reserved price, generally such allotments are through draw only. According to DDA, it allotted 133 shops in the year 2004-2005 and 143 shops in the year 2005-2006 under reserved category. During 2004- 2005 to 2006-2007, the allotment of new shops was made in the following manner:-