Land reservation: HC raps state for not formulating scheme for persons with disabilities

The HC on Monday said though the petition seeking directions to the government to implement the statutory provisions related to reservation had been pending for a couple of years, and the government had given assurances during past hearings, nothing had come of it, hence as a last chance it was giving the government two weeks to inform it of the formulation of the scheme and its implementation

Mumbai: Granting two weeks and a ‘last chance,’ the Bombay high court recently came down heavily on the state government for failing to implement five per cent land reservation for persons with disabilities.

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The HC on Monday said though the petition seeking directions to the government to implement the statutory provisions related to reservation had been pending for a couple of years, and the government had given assurances during past hearings, nothing had come of it, hence as a last chance it was giving the government two weeks to inform it of the formulation of the scheme and its implementation.

Advocate Satish Talekar told the division bench of justice Gautam Patel and justice Neela Gokhale that the state government had not been giving any definitive response to the issues and queries raised in the petition though the first hearing happened in June 2021.

The petition had sought directions to the government to implement section 37 of the Rights of Persons with Disabilities Act which contemplated formulation of schemes to provide five per cent reservations for persons with benchmarks disabilities in allotment of agricultural land and housing. The petition also sought formulation of schemes and reservations as per the act in all poverty alleviation and developmental schemes and providing land at concessional rates to such persons, especially women.

After hearing the submissions, the bench expressed its displeasure at the way the government had been dragging the issue and had failed to notify any scheme on one pretext or the other.

The bench noted that the state had also failed to respond to the June 2022 query of another bench wherein it had called for an affidavit from the government setting out in precise terms the nature of the scheme that it was going to implement in the next hearing and in all subsequent hearings, including the one on July 31.

The bench also observed that after the HC had warned of implementing a cost of ₹10,000 on the state, an affidavit was filed, however, it was not a reply to the query of the court.

When the state through its additional government pleader sought further time on July 31 to file the affidavit, justice Patel said, “If the affidavit that is said to be filed in purported or ostensible compliance with orders of this court does not answer the question of steps taken under section 37(c) of the Disabilities Act, we are putting all concerned in the Government to notice that we will have no choice but to proceed against those officers, if necessary, in suo motu contempt for disobedience of orders of this court.”

The bench added that the two weeks being granted should ‘be better utilised to make amends and to clarify the stand of the government’ and adjourned the hearing of the petition to August 21.

Section 37 of the Rights of Persons with Disabilities Act, 2016

The appropriate government and the local authorities shall, by notification, make schemes in favour of persons with benchmark disabilities, to provide,—

(a) five per cent reservation in allotment of agricultural land and housing in all relevant schemes and development programmes, with appropriate priority to women with benchmark disabilities;

(b) five per cent reservation in all poverty alleviation and various developmental schemes with priority to women with benchmark disabilities;

(c) five per cent reservation in allotment of land on concessional rate, where such land is to be used for the purpose of promoting housing, shelter, setting up of occupation, business, enterprise, recreation centres and production centres.