NATIONAL FEDERATION OF BLINDS Vs. U P BRANCH

JUDGEMENT

(1.) The only question, which needs to be determined by this Court is as to whether the Lucknow Development Authority while giving preference for allotment of plots and houses to blinds and other handicapped persons, should also accord concession in the rates of the land.

(2.) Present petition has been filed by National Federation of Blinds, U.P. Branch Lucknow and one Sri Dr. Pramod Kumar Singh, who is a Member and General Secretary of the Federation and has been working as lecturer in Govt. Raza Post Graduate College, Rampur. In spite of the disability which Dr. Pramod Kumar Singh, petitioner No. 2 suffered, he obtained degree of Doctorate and has been performing the duties of lecturer imparting education to post graduate classes. Petitioner No. 2 had applied for allotment of a plot of land to be leased out to him under the scheme known as Shikshak Vihar, Jankipuram Extension, Sitapur Road, Lucknow and deposited the requisite form along with the registration charges of Rs. 43,200.00 by means of a bank draft. After completion of necessary formalities, petitioner No. 2 was allotted property No. 1/10 in Sector 1 'B' type plot, the estimated area of which is 288 sq. Meters and allotment order was issued to the petitioner on 8-7-1999.

(3.) The petitioner has approached opposite party No. 3 for giving concession in rates of the said property in accordance with Sec. 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (hereinafter mentioned as the Act, 1995) by making an application, but as his cries in blindness was not heeded to, he filed the present petition. Sec. 43 of the Act reads as under :-"43. Scheme for preferential allotment of0 land for certain purposes The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates of :-(a) houses,(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 with disabilities.