CWP No.11331 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11331 of 2010 (O&M) Date of Decision: 29.10.2010 **** Sucha Singh . . . . Petitioner VS. GMADA & Anr. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. HC Arora, Advocate for the petitioner Mr. H.S. Brar, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The allotment of residential plots to the persons with disabilities at concessional rates in the Aerocity, SAS Nagar Mohali, is the core issue raised in this petition. (2). There is indeed no quarrel that section 43 read with Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short, ‘the Act’) obligates the State Government/respondent No.6 to frame a Scheme in favour of the persons with disabilities for preferential allotment of plots at concessional rates. It is in compliance thereof that the respondent- authorities have reserved three per cent plots in Aerocity, SAS Nagar Mohali for these special category CWP No.11331 of 2010.doc - 2 – persons and has further provided “5 per cent rebate on the price” to them. (3). The respondents themselves have shown their concern to the cause of those who are entitled to the benefit of the Welfare Legislation, namely, the Act and have placed on record the decision dated 04.03.2009 of the Hon’ble Supreme Court passed in Prajwala vs. Union of India and others wherein the State Governments/local authorities have been directed to extend the benefit of Section 43 of the Act depending upon the total population of the physically disabled persons and also to appoint Chief Commissioner/Commissioner under the Act to redress the grievances of the such like special category persons. The State of Punjab and its authorities too are obligated to comply with these directions and do the needful in a time bound manner but not later than three months from the date of receipt of a certified copy of this order. (4). Meanwhile, the respondents may hold the draw of lots for the plots reserved for persons with disabilities and extend them the benefit(s) already notified in the Application Brochure. If the successful applicants would be entitled to any other additional benefit(s), that may be granted by the State Government by taking a conscious policy decision in terms of Prajwala’s case CWP No.11331 of 2010.doc - 3 – (supra), such an additional benefit shall also be extended to the allottees of special category. (5). Disposed of. (6). Dasti . 29.10.2010 vishal shonkar (SURYA KANT) JUDGE