HC asks state to frame 3% housing quota scheme for the disabled

MUMBAI: Bombay high court asked the state government to frame a scheme providing 3 per cent quota to persons with disabilities for flat and land allotments under the chief minister’s discretionary quota.

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“It is the obligation of the government and local authorities to frame a scheme for the benefit of persons with disabilities to provide them preferential allotment of land at concessional rates for house, business etc,” said the division bench of Justice Abhay Oka and Justice Amjad Sayed while hearing a petition filed by Renjitha Alphanso and her husband, a person with disability.

They had approached the HC to complain about the lack of reservation for persons with disabilities in flat and land allotment under the chief minister’s discretionary quota.

They further complained that though flats were available at Pratiksha Nagar in Sion, they were not offered to the persons with disabilities on priority basis.

Their lawyer pointed out that they deserve this under Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

High court accepted the contention noting that in view of the Act, the state as well as local authorities will have to frame a scheme for preferential allotment of lands for housing the persons with disabilities.

The judges, however, felt that a writ of mandamus could not be issued to the government to take policy decision in a particular manner. They, therefore, allowed the petitioners to make a representation to the government for framing a scheme.

Also, the state government has been “called upon” to frame it within three months and direct the local authorities to prepare a similar scheme within their respective areas.