Delhi HC seeks response from DUSIB on plea moved by a blind man seeking allotment of plot
Jul 13, 2023
New Delhi [India], July 13 : The Delhi High Court on Thursday sought a response from Delhi Urban Shelter Improvement Board (DUSIB) on a plea moved by a blind man.
The petitioner is blind since birth and has no means of livelihood.
He has sought direction from authorities to allot him a sample house and plot in accordance with the Rights of Persons with Disabilities Act 2016.
Justice Subramonium Prasad issued notice to DUSIB on the plea and sought a response within four weeks.
The court has listed the matter for hearing on November 21 this year.
The present petition has been moved by Pawan Kumar through advocate Jatin Mongia.
He has sought direction from the authorities including DUSIB, Delhi Government, DDA, Department of social welfare, Central Government and Department of Urban Development for allotment of sample houses and plots in the Trilok Puri and Kalyan Puri area of East Delhi.
The petitioner has stated that he is blind since birth and has a sole source of income of nominal disability allowance of Rs 2,500 per month filing this present Writ Petition seeking shelter in accordance with the Rights of Persons with Disabilities Act, 2016 (RPWD Act) so as to enable him to live his life with some ease and dignity.
The petitioner was born in the year 1991 and has been blind since birth. The plea further said he has been residing in various rented accommodations within Kalyanpuri ever since.
It is stated that after an examination in the OPD, Dr Rajendra Prasad Centre for Ophthalmic Sciences, AIIMS, New Delhi on August 6, 2009, the Petitioner was confirmed as having Bilateral Nystagmus with 100 per cent visual disability which is a condition where the patient suffers from an involuntary to-and-fro movement of his eyes.
The petition has stated that the Petitioner has been constrained to seek the constitutional remedy under the Constitution of India because of the failure of the Respondent authorities in framing policies for allotment of certain houses and plots lying vacant in the Trilokpuri and Kalyanpuri area of New Delhi.
The authorities have failed in making such a policy despite there being a statutory mandate under the RPWD Act, 2016 for doing the same and also in complete disregard of the several representations of the Petitioner categorically requesting for such policies to be framed, it added.
It has been said that the government of India is under constitutional duty towards people with disabilities (PWD).
The petitioner has contended that the Indian Constitution recognises that every citizen of India has equal rights. It lays down certain obligations/duties on the government towards its citizen, one such obligation and duty is towards people with disabilities.
The United Nations Human Rights Commission in its Convention on the Rights of Persons with Disabilities laid down provisions listing the responsibilities of the party governments towards people with disabilities.
It is also stated that the petitioner has written several letters to authorities seeking allotment of sample houses and plots.