KULDEEP SINGH BHULLAR V/S PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA AND ORS.

Present: Petitioner in person.

Mr. Sahil R. Bakshi, A.A.G., Punjab.

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1. The petitioner, who has been diagnosed with PPRP of the right lower limb with wasting and shortening of the right lower limb, quadriceps palsy on the right side, having flexion deformities at hip and knee joints, and who has been certified as having 60% permanent disability in relation to his right leg, has approached this Court seeking issuance of directions to the respondent(s) to allot him a structurally suitable and occupationally fit house, and further to undertake all necessary modifications, repairs, and accessibility adjustments in accordance with the Rights of Persons with Disabilities Act, 2016.

2. The Rights of Persons with Disabilities Act, 2016, comprehensively addresses the grievance articulated in the present writ petition. In particular, Section 40 thereof casts a statutory obligation upon the Central Government, in consultation with the Chief Commissioner, to lay down standards for accessibility pertaining to the physical environment, transportation, information and communications, as well as other facilities and services extended to the public. Furthermore, Section 44 of the ibid Act expressly prohibits the grant of permission to any establishment for constructing any structure unless the building plan adheres fully to the rules prescribed by the Central Government under Section 40. Moreover, Section 45 delineates the timeframe for rendering existing infrastructure and premises accessible, and action for that purpose. Sections 40, 44, and 45 of the ibid Act are extracted hereunder:-

“40. Accessibility.—The Central Government shall, in consultation with the Chief Commissioner, formulate rules for persons with disabilities laying down the standards of accessibility for the physical environment, transportation, information and communications, including appropriate technologies and systems, and other facilities and services provided to the public in urban and rural areas.

44. Mandatory observance of accessibility norms.—(1) No establishment shall be granted permission to build any structure if the building plan does not adhere to the rules formulated by the Central Government under section 40.

(2) No establishment shall be issued a certificate of completion or allowed to take occupation of a building unless it has adhered to the rules formulated by the Central Government.

45. Time limit for making existing infrastructure and premises accessible and action for that purpose.—(1) All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules: Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters.

(2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.”

3. In exercise of the powers conferred by sub-sections (1) and (2) of Section 100 of the ibid Act, the Central Government has promulgated the Rights of Persons with Disabilities Rules, 2017. Rule 15 thereof assumes particular relevance and significance in the context of the present matter, as it mandates compliance by every establishment with the standards for public buildings, as stipulated in the Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disabilities and Elderly Persons, issued by the Government of India, Ministry of Urban Development, in March 2016. Rule 15 reads as under:-

“15. Rules for Accessibility.- (1) Every establishment shall compl