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Delhi High Court Orders DDA to Act on Housing Request for Persons with Disabilities

On 20th November, 2023, in a case addressing the housing rights of persons with disabilities, the Delhi High Court directed the Delhi Development Authority (DDA) to pass a detailed and reasoned order on a representation submitted by the petitioners within eight weeks. The petitioners, individuals with high support needs, were rendered homeless earlier this year and sought relief under the Pradhan Mantri Awas Yojna (PMAY) and the Rights of Persons with Disabilities Act, 2016.

Background

The petitioners, who are persons with disabilities and unable to gain employment due to their conditions, are entirely dependent on their parents for survival. Their father, a daily wage worker with a meager income, and their mother, who is fully devoted to their care, struggle to meet even the bare minimum needs of the family.

In February 2023, the petitioners were left homeless following an eviction by the DDA. This prompted them to file a writ petition in the Delhi High Court, seeking allotment of housing under the PMAY and Section 24 of the Rights of Persons with Disabilities Act. Section 24 mandates the formulation of schemes to provide shelter and social security benefits for persons with disabilities.

Key Provisions and Claims

The petition highlighted the following:

  • Pradhan Mantri Awas Yojna (PMAY): Under Section 24(1) of the 2016 Act, PMAY provides housing to persons with disabilities, giving them preferential consideration in the allotment process. Currently, 76,140 houses are earmarked for persons with disabilities under the scheme.
  • Representation Ignored: A representation was submitted on behalf of the petitioners to the Minister of Housing and Urban Affairs and the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice and Empowerment, requesting a house allotment. However, no action was taken, leading to the filing of the writ petition.


High Court’s Order

On November 20, 2023, the Delhi High Court directed the DDA to take action on the petitioners’ representation. The Court’s order requires the DDA to issue a detailed and reasoned decision within eight weeks, providing hope for a resolution to the petitioners’ plight.