NATIONAL FEDERATION OF THE BLIND Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) NATIONAL Federation of the Blind, Trichy Branch, represented by its President, has sought for a writ of mandamus directing the District Collector, Trichy to allot a site under section 43 of, The Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995 and as per G.O.Ms.No. 182 dated 4.12.2002, Department of Social Welfare and Nutritious Meals, and for further orders. As per the averments, the petitioner Federation, is a self -help movement run by differently abled persons, well spread to the grossroot level, with an object for the welfare of the visually impaired. Its Trichy Branch was started on 16.09.1979. According to the petitioner Federation, land in T.S.No. 69, Ward E, Block 7, measuring 2400 sq.ft. was allotted to the Federation, for the purpose of having their office and conducting training programmes, vide resolution of the Municipal Council, Trichirapalli, in Resolution No. 764 dated 13.08.1988. According to the petitioner Federation, they are in possession of the land and that they have also put up a shed for imparting training in recanning of chairs for the members of the Association, visually impaired.

(2.) IT is the further contention of the petitioner that though representations were made to the respondents, requesting them to fix the terms of the lease, there was no response. Temporary sheds were erected for the purpose of conducting training for the visually impaired. While the petitioner Federation was conducting programmes and welfare activities for training the visually impaired, to bring them to main stream in the matter of employment, and to get equal opportunities, without any prior notice, the Municipal authorities came to the site and forcibly removed the shed put up by the petitioner Federation, which is a non -profitable organisation, working for the upliftment of the visually impaired, run by the visually impaired, for the visually impaired. 4. It is the further case of the Federation that though the government in G.O.Ms.No. 182 dated 4.12.2002, Department of Social Welfare and Nutritious Meals, have ordered for allotment of free sites, for organisations working for persons with disabilities, the District Collector, has not taken any steps, as per the directions of the Government. In addition to the above, learned counsel for the petitioner, who himself is visually impaired, has also brought to the notice of this Court that, Section 43 of The Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995, and submitted that the government and the local authorities have a statutory duty and obligation to provide lands on preferential basis, on concessional rates, for - -

(3.) TO promote the production and distribution of educational and recreational materials to the blind in all available media.