SALIL CHATURVEDI versus UNION OF INDIA & ORS.

Citation: [2009] 16 S.C.R. 505 · Decided: 04-03-2009 · Supreme Court of India · Bench: K.G. BALAKRISHNAN, P. SATHASIVAM, J.M. PANCHAL · Disposal: Disposed off
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Judgment (excerpt)

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[2009) 16 (ADDL.) S.C.R. 505 
SAUL CHATURVEDI 
v. 
UNION OF INDIA & ORS. 
(W. P. (C) No. 576 of 2004) 
MARCH 4, 2009 
[K.G. BALAKRISHNAN, CJI, P. SATHASIVAM AND J. M. 
PANCHAL, JJ.] 
SOCIAL JUSTICE: 
PERSONS 
WITH 
DISABILITIES 
(EQUAL 
OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL 
PARTICIPATION) ACT, 1995: 
ss. 43 and 62 - Appropriate Government to frame 
Scheme for allotment of land to persons with 'disabilities -
HELD: Statements of State Governments indicate that only 
marginal benefits are being given to persons with disabilities 
- State Governments/local authorities directed to allot lands 
at concessional rates to persons with disabilities, with 
preferential treatment, for the purposes indicated in s. 43 -
Court has already directed for appointment of Chief 
Commissioners/Commissioners to look into the complaints 
of non-compliance of s.43 - Public Interest Litigation -
Constitution of India, 1950 - Article 32. 
CIVIL ORIGINAL JURISDICTION : Writ Petition Civil No. 
576 of 2004. 
Under Article 32 of the Constitution of India. 
Prashant Bhushan, Anil Katiyar Gopal Prasad, Ravinder 
K. Adsure, Avijit Bhattarcharjee, R. Sathish, S. Ravi Shankar, 
Gopal Singh, Hemantika Wahi, S.S. Banthla, Ranjan 
Mukherjee, Ravindra Kumar, Sanjay R. Hedge, J.S. Attri, M.T. 
George, P.H. Parekh, Corporate Law Group, J.K. Bhatia, 
Aroutham Aruna & Co., R. Ayyam Perumal, Niranjana Singh, 
D. Bharti Reddy, Rajesh Srivastava, KH Nobin Singh, Arun K. 
505 
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B 
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506 SUPREME COURT REPORTS [2009] 16 (ADDL.) S.C.R. 
A Sinha, Manish K. Saran, V.G. Pragasam, D.S. Mahra, J.K. 
Bhatia, R. Sattish, J.P. Das, Sumita Hazarika, Parveen 
Swarup, T.V. George, Anil Shrivastava 
The Order of the Court was delivered 
B 
ORDER 
W.P.(C) N0.576/2004 
The Persons with Disabilities (Equal Opportunities, 
" 
Protection of Rights and Full Participation) Act, 1995, (Act No.1 
c of 1996) passed by the Parliament and it came into force with 
effect from 7.2.1996. The petitioner under Public Interest 
Litigation filed this petition alleging that despite the 
commencement .of this Act No.1 of 1996, many of the State 
Governments or the local authorities in the various States have 
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not fully implemented Section 43 of the Act. Section 43 of the 
Act reads as follows: 
"43. Schemes for preferential allotment of land for 
certain purposes.- The appropriate Government and local 
authorities shall be notification frame schemes in favour 
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of persons with disabilities, for the preferential allotment 
of land at concessional rates for -
(a) 
house; 
(b) 
setting up business; 
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(c) 
setting up of special recreation centres; 
(d) 
establishment of special schools; 
(e) 
establishment of research centres; 
(f) 
establishment of factories by entrepreneurs 
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disabilities." 
This Court issued notice to the various State Governments 
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and the State Governments have filed counter affidavit and also 
indicated various steps taken by the respective Government to 
implement Section 43 of the Act. Some of the States have 
H candidly admitted that they have not implemented Section 43 
SAUL CHATURVEDI v. UNION OF INDIA & ORS. 
507 
of the Act. For example, the State of Arunachal Pradesh stated 
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that this is not so far implemented in the State. Some of the 
State Governments stated that Section 43 was partially 
implemented and for allotment of land for certain purposes as 
indicated in Section 43, some percentage of reservation made 
in favour of disabled persons. By the statements of the State 
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Governments, it appears that only marginal benefit sare given 
as indicated in Section 43 of the Act. No State has come 
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forward with specific plea that schemes have been formulated 
either by the State or by the local authorities and percentage 
of reservation has already been made in favour of the disabled c 
persons. 
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Under the above circumstances, we direct that whenever 
the State Governments or local authorities allot land for various 
purposes indicated in Section 43 of the Act and various items 
indicated in Section 43, preferential treatment be given to the 
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disabled persons and the land shall be given at concessional 
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rate. The percentage of reservation may be left to the discretion 
of the State Governments/loc0I authorities. However, total 
percentage of disabled persons shall be taken into account 
while deciding the percentage. The Act has also been provided 
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for appointment of Chief Commissioner to lo
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