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2000 Supreme(All) 164
IN THE HIGH COURT OF ALLAHABAD
S. H. A. Raza and R. D. Mathur, JJ.
NATIONAL FEDERATION OF BLINDS - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Writ Petition 361 (M/b) Of 2000
Decided On : 01/28/2000
S.C.Misra
The central legal principle established in the judgment is the mandatory nature of providing preferential allotment of land at concessional rates to persons with disabilities as per Section 43 of the Persons with Disabilities Act, 1995, and the obligation of authorities to implement international proclamations and covenants to which India is a signatory.
Headnote:
Preference for Allotment of Plots to Handicapped Persons - Persons with Disabilities Act, 1995 - Section 43
Fact of the Case:
The case involved a petition filed by a blind lecturer seeking concession in land rates under the Persons with Disabilities Act, 1995. The Lucknow Development Authority had allotted a plot to the petitioner but refused to provide a concession in rates as per Section 43 of the Act.
Finding of the Court:
The court found that the Act mandated preferential allotment of land at concessional rates to persons with disabilities. It held that the failure of the State and local authorities to frame a scheme for such allotments did not negate the provisions of the Act.
Issues: The main issue was whether the handicapped persons were entitled to concessional rates for allotment of land and houses as per Section 43 of the Act.
Ratio Decidendi: The court emphasized the importance of implementing international proclamations, declarations, and covenants to which India is a signatory, as incorporated in the Act, 1995. It held that the failure to frame a scheme by the authorities did not absolve them from providing the mandated concessions.
Final Decision: The court allowed the writ petition, quashed the order of the Lucknow Development Authority, and directed the authorities to provide preferential allotment of land and houses at concessional rates to handicapped persons within three months.
( 1 ) THE only question, which needs to be determined by this Court is as to whether the Lucknow development Authority while giving preference for allotment of plots and houses to blinds and other handicapped persons, should also accord concession in the rates of the land.
( 2 ) PRESENT petition has been filed by National Federation of Blinds, U. P. Branch, Lucknow and one Sri Dr. Pramod Kumar Singh, who is a Member and General Secretary of the Federation and has been working as Lecturer in Government Raza Post Graduate College, Rampur. In spite of the disability which Dr. Pramod Kumar Singh, petitioner No. 2 suffered, he obtained degree of doctorate and has been performing the duties of lecturer imparting education to post graduate classes. Petitioner No. 2 had applied for allotment of a plot of land to be leased out to him under the scheme known as Shikshak Vihar, Jankipurarn Extension, Sitapur Road, Lucknow and deposited the requisite form along with the registration charges of Rs. 43,200 by means of a bank draft. After completion of necessary formalities, petitioner No. 2 was allotted property No. 1/10 in Sector 1 b type plot, the estimated area of which is 288 sqr. metres and allotment order was issued to the petitioner on 8. 7. 1999.
( 3 ) THE petitioner has approached opposite party No. 3 for giving concession in rates of the said property in accordance with Section 43 of the Persons with Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Act, 1995, (hereinafter mentioned as the Act, 1995)by making an application, but as his cries in blindness was not heeded to he filed the present petition. Section 43 of the Act reads as under :
"43. Scheme for preferential allotment of land for certain purposes.--The appropriate governments and local authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates of : (a) house, (b) setting up business, (c) setting up of special recreation centres. (d) establishment of special schools. (e) establishment of research centres, (f) establishment of factories by entrepreneurs with disabilities.
( 4 ) THE aforesaid Act was passed by the Parliament to give effect to the proclamation on the Full participation and Equality of People with Disabilities in the Asian and Pacific Region, The preamble of the Act provides as under :
"whereas the Meeting to Launch the Asian and Pacific Decade of Disabled Persons 1993-2002 convened by the Economic and Social Commission for Asian and Pacific Region held at Beijing on 1st to 5th December, 1992, adopted the Proclamation on the Full Participation and Equality of people with Disabilities in the Asian and Pacific Region ; and whereas India is a signatory to the said proclamation ; and whereas it is considered necessary to implement the proclamation aforesaid ; be it enacted by Parliament in the Forty Ninth year of the Republic of India. "
( 5 ) AS indicated in the Preamble of the Act, itself, India is a Signatory of the aforesaid covenant. Now, first of all, we have to examine the effect of proclamation signed by India.
( 6 ) IN England, even if International conventions or covenants are ratified by the State, the english Courts cannot directly enforce the rights guaranteed by the covenants so long it is not adopted by the Parliament.
( 7 ) BUT in some countries the Constitutions place treaties on the same rank as the Constitution itself, as "the Supreme Law of Land". The foremost of such Constitutions is that of the United states of America. Article VI (2) provides as under :
"this Constitution, and the laws of the United States, which shall be made in pursuance thereof ; and all treaties made. under the authority of the United States, shall be the supreme law of the land, and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary, notwithstanding. "
( 8 )
