Point of Law: Disability Act deals with affirmative action. Sections 42 and 43 of the Disability Act, which form part of Chapter -- VII, make the provision with respect to making of schemes to provide aids and appliances to persons with disabilities and for preferential allotment of land for certain purposes. Section 43 of the Disability Act

JUDGMENT :

V.M. Pancholi, J.

1. Rule. Learned AGP Ms. Jirga Jhaveri waives service of notice of Rule for respondent-State.

2. This petition is filed under Article 226 of the Constitution of India as well as under the provision of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ("Disability Act" for short), in which, the petitioners have prayed that the respondents be directed to allot the land to the petitioners as per their applications out of the land bearing Survey No. 618 of Village: Chela, District: Jamnagar on the basis of the price, which is fixed by the District Valuation Committed in its meeting dated 07.02.2009.

3. Looking to the issue involved in the present petition and with the consent of learned advocates appearing for the parties, the present petition is taken up for final disposal.

4. Heard learned advocate, Ms. Megha Jani for the petitioners and learned AGP Ms. Jirga Jhaveri for the respondents.

5. Factual matrix of the present case is as under,

5.1 The Government of Gujarat has passed Resolution dated 20.04.2001 keeping in view the provision contained in Section 43 of the Disability Act. By way of the said Resolution, Government of Gujarat has framed the scheme for the allotment of the Government land to the persons with disabilities at concessional rate without holding an auction for the purpose mentioned therein including for construction of the residential houses.

5.2 It is the case of the petitioners that the petitioners are resident of Jamnagar and suffer from disabilities. The petitioners submitted applications for the allotment of the plot admeasuring 100 sq.mtrs. situated on land bearing Revenue Survey No. 618 of Village: Chela, District: Jamnagar as per the policy framed by the Government of Gujarat by way of the aforesaid Resolution. Along with the said applications, required documents like disability certificates are also annexed. Such applications were made during the period between 2001 to 2009. Total 182 persons have submitted applications including the petitioners herein, who are 62 in number. Similarly situated other 23 persons have also submitted applications for the allotment of the land out of the land bearing Survey No. 1158 situated in the said village.

5.3 It is also stated that the Trust known as "Ashadeep Viklang Kalyankari Trust" situated in Jamnagar has been working for the rights of the persons with disabilities and, therefore, the said Trust extended assistance in pursuing the applications submitted by the petitioners with the concerned department.

5.4 It is further stated that layout plan of land bearing Survey No. 618 was submitted to the respondent authority. The said layout plan was approved by the Jamnagar Area Development Authority. Necessary recommendation was made for the allotment of the land in question to the petitioners by the concerned respondent authority and, thereafter, process of fixing of sale price of the land in question was initiated. The District Valuation Committee held meeting on 07.02.2009 and it was decided in the said meeting that the market value of the land in question as on 07.02.2009 is Rs. 560/- per sq.mtrs. and, therefore, the Collector addressed a letter to the Mamlatdar calling upon him to seek consent of the applicants including the petitioners with respect to the payment of the market price. The President of Ashadeep Viklang Kalyankari Trust gave assurance regarding payment of the market price on the basis of the District Valuation Committee at Rs. 560/- per sq.mtrs., however thereafter, correspondences took place between the said Trust and the concerned respondent authority. The concerned respondent authority sought information from the Collector and inquired that who would pay the purchase price for remaining plots considering that the layout plan has 205 plots and total applicants are 182 in number and whether necessary road length was maintained or not and, therefore, it was asked to submit fr