The legal framework for land rights in leprosy colonies must evolve to accommodate curable conditions and prevent encroachment.

ORDER

Delay condoned. 2. Heard Ms. Rashmi Nandakumar, the learned counsel appearing for the petitioner. The counsel would point out that this matter pertains to rehabilitation of those residing in the Tahirpur Leprosy Colony in Delhi. The petitioner before the High Court sought land rights in the colony, firstly for their own permanent rehabilitation and secondly also made submission to prevent large scale encroachment by unaffected people, in the Leprosy colony land. 3. The counsel would then refer to the Clause 7.10.4 of the Report No.256 of the Law Commission (Annex P-13) to point out that Digitally signed by Jayant Kumar Arora Date: 2023.10.17 17:57:33 IST Reason:

Signature Not Verified the recommendation was made to address the issue of land rights and legalize the ownership of property in the leprosy colonies in the country. In tune with the said recommendation, the Eliminating Discrimination Against Persons Affected by Leprosy (EDPAL) Bill 2015 was introduced in Parliament whereunder the following was intended to be made into legal provisions:- “19 (1). The appropriate government shall make efforts to provide security of tenure, title and ownership of property for all persons affected by Leprosy and members of their family living in the leprosy colonies. (2) No person affected by Leprosy or members of his family shall be removed or evicted form the existing leprosy colonies without prior sanction of Central or State Commission of Leprosy, as the case may be, and without being rehabilitated and adequately compensated.” 4. With the above, Ms. Nandakumar submits that because leprosy is now fully curable, the Lepers Act 1898 which provides for segregation has since been repealed. For this reason, there is no need for segregation of the leprosy affected patients unlike the olden times. Therefore if the present occupants in the leprosy colony are granted land rights, the State will not only facilitate assimilation of the cured leprosy patients but would also prevent encroachment by unaffected people, in the leprosy colonies. 5. Issue notice, returnable in six weeks. [DEEPAK JOSHI] [KAMLESH RAWAT] COURT MASTER ASSISTANT REGISTRAR