‘Give 5% quota in shop allotment for disabled’

New Delhi, Nov. 8: The Delhi High Court has directed the Centre to ensure that five per cent quota is kept aside for the disabled persons while allotting shops.

A bench of justices S Ravindra Bhat and Sanjeev Sachdeva directed that this quota should be worked out through a roster system, which would require that the vacancies be worked out at the 30th, 60th, 90th, 150th and 180th slots.

The court was hearing a plea by one Amit Kumar Mit seeking 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 disabled. The petitioner

A direction was issued to the respondents to bring the roster in line with Section 37 of the Act and workout the 5 per cent quota, the court said court

alleged that the ministry of urban development had flouted the mandate of Section 43 by not providing effective means to ensure that the 3 per cent quota set apart for persons with disabilities was filled in matters of allotment of public spaces or shops within their control.

In an earlier order, the bench 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.

The bench directed that “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... Also requires alteration given the fact that new enactment mandates five per cent quota, the high court said.

A direction is, therefore, issued to the respondents (ministry concerned) to bring the roster points in line with the Section 37 of the new Act and workout the 5 per cent reservation.”

The high court bench said that the roster has to be published online within six weeks.