The Right to Accessibility under Article 21 extends to community living structures, mandating adherence to access norms for persons with disabilities.

JUDGMENT

(Per: Hon'ble Siddharth Nandan,J.)

1. Heard Sri Devendra Singh, learned counsel for the petitioner, Sri Tejasvi Misra, learned counsel for the Ghaziabad Development Authority and learned Standing Counsel for the State-respondents.

2. The present writ petition has been filed challenging the order dated 14.11.2025 by which Complaint Reference No.137 of 2025 Mrs. Bobby Bagga Vs. President/Director/Competent Authority, M/s SCC Builders, Pvt. Ltd.) under the provisions of the Rights of Persons with Disabilities Act, 2016 has been decided.

3. The sole argument that the petitioner has raised is that on the first date itself, the complaint was decided.

4. We have perused the record. The order sheet has not been brought on record.

5. Brief conspectus of facts are that the allottee who is 90% disabled, was given an allotment by builder in one of the projects named as SCC Sapphire being Flat No. D 509, Block - D; as per terms of the agreement, she was also allotted Parking No. UB - 37. Subsequently, after eight years, another Flat was sold by the builder. In pursuance thereof, he divided Parking No. UB 37 into UB 37 A and 37 B which was originally allotted to Mrs. Bobby Bagga.

6. Aggrieved by the aforesaid action, she approached the Ghaziabad Development Authority who carried out inspection on 16.09.2025 and submitted an inquiry report on 25.10.2025. The State Commissioner took note of the fact that the spot inspection was carried out in the presence of the parties and it clearly reveals that the complaint made by Mrs. Bobby Bagga was correct.

7. Perusal of the impugned order also clearly demonstrates that an adequate opportunity was given to the petitioner and argument of his representative before the State Commissioner was also considered. For ready reference, the following paragraphs of the impugned order are reproduced hereinbelow:

8. The statement of objects and reasons of the "Rights of Persons with Disabilities Act, 2016" while considering the 19 specified disabilities, enumerates various rights vis-a-vis duties and responsibilities of the appropriate Government. It is not disputed that the inquiry which is being conducted under the Act by the Chief Commissioner or the State Commissioner for persons with disabilities is considered to be a summary proceeding designed to be quick, efficient and accessible, rather than lengthy and formal. The forum acts as a quasi-judicial authority and the Commissioner acts as a civil court for specific purpose i.e. empowered to summon witnesses, receive evidence and enforce production of records, if the need arises. However, it being a summary proceeding and the process contemplated is, with an objective to provide speedy redressal, the Act is also to give effect to the United Nations Convention on the Right of Persons with Disability and for matters connected therewith an incidental thereto. The United Nations General Assembly adopted its convention on the Rights of Persons with Disability on 13.12.2006; which lays down certain principles for empowerment of Persons with disability, which includes "accessibility" and India is a signatory to the said Convention and has also ratified the same on 01.10.2007. It is for the implementation of the said principles that the Parliament has enacted the said legislation i.e. "Rights of Persons with Disabilities Act, 2016".

9. That one of the facets of the mechanism, is to provide speedy red