You are at eyeway.org : inform : acts and policies : other laws : judicial interpretations and interventions : court judgements : allahabad high court

Court judgements: Allahabad High Court

Property

National Federation for Blind v. State of U.P. and others
(2000) 87 All India Reporter 258
Petition no. 361 (MB)/2000
Date of Decision: 28-01-2000
Allahabad High Court - Lucknow bench
Judge: S.H.A. Raza, R.D.Mathur,J J.

Fact: Dr. Pramod Kumar Singh, a blind lecturer has been allotted a plot of land leased out under Govt. scheme known as Shikshak Vihar. He approached state of U.P for giving concessions in rates of the property in accordance with Sec. 43 of Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. But U.P Govt. denied leasing out land on concessional basis on the fact that state Govt. as well as local authorities has not framed a scheme in this case favouring persons suffering with disabilities.

Held: Land and houses at concessional rates were given by Lucknow Development Authority to various categories of persons such as legislators, journalists, freedom fighters, etc. Points of denial of land at concessional rates to handicapped persons are not indicated in the order passed by Lucknow Development Authority. Any reservation being made by the state to the disabled section of the society is in consonance with the international proclamation, declaration and convenants made by U.N organization and with sec. 43 of the PWD Act, 1995. Non-framing of such a scheme by a state Govt. in favour of persons suffering from such disabilities would not in any way negate the provisions of the Act. Section 43 of the act provides that appropriate Government and local authorities shall frame schemes in favour of persons with disabilities, for the preferential allotment of land or houses at concessional rates. Based on these facts state authority was directed to frame a scheme regarding concession rates in leasing out of land in favour of persons with disabilities and notify within a period of three months of this order.

go to top

Back to Court Judgements Menu

If you are using a screen reader, you can jump to the navigational links to other areas of the site by clicking here

Eyeway intends building a community where people can share and learn from each other. If you would like to share your experiences about the Persons with Disabilities Act with others, please send us your write-up at inspiration@eyeway.org. We shall include it as part of our website.

Printer-friendly version | Mail this page to a friend