Court: Bombay High Court
Bench: Hon'ble Justice Gautam Patel and Hon'ble Justice Neela Gokhale
Case No.: Writ Petition No. 583 of 2020
Case Title: Rajendra Petrus Lalzare Vs. State of Maharashtra & Ors.
Date of Order: 31 July 2023
Next Date of Hearing: 21 Aug 2023
Case Brief:
The Bombay High Court has issued a stern warning to the Maharashtra government for its failure to provide a meaningful response to the court's query regarding the implementation of a 5 per cent reservation in land allotment at concessional rates for disabled persons under the Disabilities Act. The court has threatened to initiate contempt proceedings against government officials if a proper reply is not filed.
The bench expressed, "This is the most shameful state of affairs. We are not even on the merits of the Petition, but only on the failure of the Government to furnish a meaningful response."
The case was brought before the bench by petitioner seeking the enforcement of Section 37 (c) of the Rights of Persons with Disabilities Act. This provision mandates that the government should create schemes favoring disabled individuals and allocate 5 per cent reservation in the allotment of land at concessional rates for various purposes, including housing, shelter, occupation, business, and recreation centers.
The petition was filed in 2020, and since then, it has been listed for periodic hearings. However, on every occasion, the government has sought adjournments to submit its affidavit, resulting in delays. In June 2022, an additional government pleader orally informed the court about the government's contemplation of issuing general directions to reserve 5 per cent of land for persons with disabilities. Despite this assurance, the government has not taken the necessary action.
The bench pointed out that the government's response, citing the Maharashtra Land Disposal Rules, did not address the court's specific query. The court emphasised the government's obligation to file a proper affidavit outlining the steps taken under Section 37 (c) of the Disabilities Act.
The bench said, "Now we are making it clear that while we are accommodating the learned AGP on personal grounds, we will not grant further time on the next date under any circumstances. If the Affidavit that is said to be filed in purported or ostensible compliance with orders of this Court does not answer the question of steps taken under Section 37(c) of the Disabilities Act, we are putting all concerned in the Government to notice that we will have no choice but to proceed against those officers, if necessary, in suo moto contempt for disobedience of orders of this Court. If the matter is being stood over by two weeks to accommodate the learned AGP, that time should be better utilised to make amends and to clarify the stand of the Government in accordance with the orders of this Court."
The court has granted the state government a final opportunity to file a meaningful response and set the next hearing for August 21, 2023. If the government fails to comply with this directive, the court warned that it may take suo motu contempt action against the responsible officers for disobeying its orders.
Read the Court Order below: