Land to house disabled persons at Mulund not possible, Maharashtra government tells HC
The court was hearing a petition by a group of disabled individuals who have been denied allotment of a plot in Mulund to construct a housing society exclusively for the disabledUpdated: Jan 23, 2019 09:09 IST
The Bombay high court (HC) has asked the state to file a detailed reply as to the status of framing a reservation policy for disabled persons. The court was hearing a petition by a group of disabled individuals which has been denied allotment of a plot in Mulund to construct a housing society exclusively for the disabled. The state submitted that it could not give the plot as the development control regulations (DCR) were going to change and the plot would then be reserved for some other purpose.
A division bench of chief justice Naresh Patil and justice Nitin Jamdar was hearing the petition filed by NGO Akansha Apang Seva Sahakari Sanstha challenging a letter by the collector informing them that their application for the allotment of a plot at Mulund had been rejected. The organisation claimed that under the Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 2016 it had a right to get allotment of land for the purpose of housing, but the same was rejected and hence the NGO had filed the petition.
The petition sought directions to the collector and the state to allot the plot which they had identified, from the pool of government land available for disposal.
Under the 2016 Act, each state has to get its departments to come up with a scheme for allotment of land or other benefits to persons with disabilities.
On its part, government pleader Abhay Patki informed the court that the Central Act of 2016 was yet to be implemented in totality in the state. He informed the court that though the social justice department had prepared directives for the benefit of disabled persons, its implementation was pending in many departments, including the revenue department which was to frame a scheme for allotment of land for the same.
Patki also submitted that under the new DCR 2034, the land sought by the organisation was reserved for another purpose and hence it could not be allotted to them. After hearing the submissions the bench directed the state to file an affidavit within two weeks.
First Published: Jan 23, 2019 00:15 IST