Mumbai: The Maharashtra government was warned by the Bombay High Court of contempt if its officials fail to respond to its query on the 5 per cent reservation in land allotment at concessional rates for disabled persons under the Disabilities Act.
A division bench of Justices Gautam Patel and Neela Gokhale, on July 31, said they were displeased with the government’s failure to furnish a “meaningful response” to a plea seeking relief under the Act.
The bench said that it was the "most shameful state of affairs" and gave the state a "last chance".
Section 37 (c) of the Rights of Persons with Disabilities Act states that the government shall make schemes in favor of persons with disabilities and provide 5 per cent reservation in the allotment of land at concessional rates for housing, shelter, setting up occupation, or business or for recreation centers.
2020 Petition
The HC was hearing a petition by one Rajendra Lalzare in 2020 seeking implementation of the provision. The judges said that the petition had been listed on several occasions since 2020 and was adjourned on each occasion so that the government could file its affidavit.
An additional government pleader had orally informed the court last September that the government was contemplating issuing general directions to all departments to reserve 5 percent of land for persons with disabilities, and that a final decision would be taken.
“The bench that heard the matter in September 2022 had noted that the statutory provision of the Disabilities Act has not been implemented in letter and spirit. The bench had said the government has to be serious on the issue,” the HC said in its order.
The judges further said that since then, the government has not yet filed a proper reply. “We are told that an affidavit has been filed referring to the Maharashtra Land Disposal Rules. But that was not the query of the court,” the HC said.
Hearing on Aug 21
Giving one last chance to the government, the HC has asked it to file a proper affidavit stating the steps taken under Section 37 (c) of the Disabilities Act.
If such an affidavit is not filed, then it would have “no choice but to proceed against the concerned officers, if necessary, in suo motu contempt for disobedience of orders of this court,” the bench noted.
The HC has kept the matter for a hearing on August 21.
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