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Ensure 5% Quota For Disabled Persons In Shop Allotment Through Roster System: Delhi HC [Read Order]

Apoorva Mandhani
7 Nov 2017 12:43 PM GMT
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The Delhi High Court recently directed the Centre to ensure that 5% quota in shop allotment is set aside for the disabled.

A Bench comprising Justice S. Ravindra Bhat and Justice Sanjeev Sachdeva directed this quota to be worked out through a roster system, which would basically require that the vacancies be worked out at the 30th, 60th, 90th, 150th and 180th vacancy slots.

The Court was hearing a Petition filed by one Mr. Amit Kumar Mit, who had sought proper implementation of Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Section 43 provides for preferential allotment of land for the benefit of the disabled.

Mr. Mit had alleged that the Union Ministry of Urban Development had flouted the mandate of Section 43 by not providing effective means to ensure that the 3% quota set apart for persons with disabilities is filled in matters of allotment of public spaces/shops etc. within their control.

In an earlier order, the Court had directed the Centre to consider adoption of a 'roster point system', "so that when the allotment of shops are considered cumulatively, at fixed points, disabled persons are entitled to allotment of shops".

Noting that this had been implemented, but for a 3% quota in compliance with the earlier Act, the Court now directed, "...in the case of persons with disabilities, the vacancies will have to be worked out at the 30th, 60th, 90th, 150th and 180th vacancy slots. This roster, in the opinion of the Court, also requires alteration given the fact that new enactment mandates 5% quota. A direction is, therefore, issued to the respondents to bring the roster points in line with the Section 37 of the new Act and workout the 5% quota."

The roster has been directed to be published online within six weeks. This publication needs to include the allotments made as well as the end of the tenure of all existing allotments.

Read the Order Here

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