SARITA SINHA Vs. DELHI DEVELOPMENT AUTHORITY AND ANOTHER

JUDGEMENT

(1.) The writ petitioner claims that the respondent is bound by the mandate of Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and, therefore, ought to extend rebate/concessional rates for the MIG flat, namely, Flat No. 38A, Category-2, Sector 18, Pocket-1, Rohini allotted under the Physically Handicapped Category to her by the DDA (hereinafter referred to as the 'flat').

(2.) The petitioner had registered herself with the DDA on 4.7.2003, under the Physically Handicapped Category. She claims to be disabled on account of serious injuries incurred in a road accident when she was only 12 years old. It is also claimed that she had to undergo surgery for both the hip joints in 1996, which has severely impaired her mobility.

(3.) In tune with its policies, the petitioner's name was treated preferentially and included in a draw of lots for allotment of flats in Rohini by the DDA, on 27.8.2003. A was allotted, the petitioner represented for change of floor having regard to her disabilities. Her name was again included in another draw on 22.10.2003. In the meanwhile, on 13.10.2003 it is claimed that a policy for concession in costing for persons with disabilities was approved by the Lieutenant Governor of Delhi being applicable by the Delhi Development Authority (DDA).