Date of enactment:
Wednesday, November 14, 2018
Section 43 of PWD Act 1995 court judgment. Section 43 of The Persons With Disabilities (Equal Opportunities, Protection of Rights And Full Participation) Act, 1995 enjoins upon the appropriate Government and the local authorities to frame Schemes, in favour of the persons with disabilities, for preferential allotment of land at concessional rates for houses, setting up business, setting up special recreation centres, and for establishment of special Schools, research centres and factories, by entrepreneurs with disabilities. The contention of the petitioner in W.P.(C) No. 7487/2008 is that neither the respondent DDA nor the Central Government has framed a Scheme in terms of the aforesaid Act. Respondent No.2- DDA framed a policy on 13th October, 2003 which was restricted only to persons with physical disabilities. Later, vide OM dated 17th April, 2004, the said policy was extended to persons with mental illness and mental retardation. The contention of the petitioner is that the said policy was never made public, as a result of which persons with disabilities were unable to take advantage of the said policy. The policy of DDA envisaged 5% reservation in residential allotments along with 10% concession in the total cost. On 9th October, 2006, Government of India, Ministry of Urban Development framed a policy providing for 5% reservation in allotments made for commercial purposes and 1% reservation in allotments made for residential purposes.