Reserve 1% of flats for disabled: High court

The Bombay high court on Friday directed Maharashtra Housing and Area Development Authority (Mhada) to keep aside 1% of flats in its forthcoming sale for persons with disabilities.

A division bench of chief justice Mohit Shah and justice Girish Godbole were hearing petition filed by Indian Centre for Human Rights and Law and others alleging that the state has not complied with Section 43 of the Persons with Disabilities Act (Equal Opportunties) and though the government policy is to reserve of 3% of allotment for disabled, it is not being complied with. MHADA has reservation for only 2%.

Advocate Gayatri Singh argued that government should provide 3 % allotment to persons with disabilities as defined under Section 2 (I) of the Act. Assistant government pleader GW Mattos submitted that it is “too late in the day” for petitioners to seek interim orders at present as the sale process is on and the draw of lots is scheduled for May 31, 2011. “Even shifting 1% will create a hue and cry,” he added. He said for 4,034 flats, till date some 35,000 applications have been received and people have applied for the flats knowing that a particular flat will be available in the open category. Mattos added that the government is seized of the matter for increasing the allotment for disabled to 3%.

The judges while directing the government to keep aside 1% of tenements have also directed the state to take a decision within two months about increasing from the allotment from 2 to 3% for the disabled.