Allahabad High Court Mandates Disability-Friendly Features in UP Housing Complexes
The Allahabad High Court has issued a landmark directive to authorities in Uttar Pradesh, compelling them to ensure that residential complexes across the state provide accessible parking and essential facilities such as lifts, pavements, and gyms for persons with disabilities. In a significant ruling, the court emphasized that accessibility is a fundamental right that must be upheld in all community living spaces.
Court's Emphasis on Fundamental Right to Accessibility
"It is a fundamental right of a person with disability to have the right to accessibility, for facilities which are common in a building," the high court stated unequivocally. The bench, comprising Justices Atul Sreedharan and Siddharth Nandan, made this declaration while disposing of a writ petition on February 26. The court stressed that the Right to Accessibility extends beyond public places to include residential buildings, which must cater to the needs of providing shelter with common amenities.
The court elaborated, "The Right to Accessibility cannot be confined only to public places. As a fundamental right, it is also to be extended to a structure or building being utilized for community living. The Right to Accessibility has to be adhered to in residential buildings, which cater to the requirement of providing a shelter with common facilities like lift, pavement, playgrounds, community centres and gymnasium."
Case Background: Builder vs. Disabled Allottee
The high court was hearing a writ petition filed by M/S Scc Builders Private Limited, a construction company, which challenged an order issued against it under the provisions of the Rights of Persons with Disabilities Act, 2016. The case centered on a parking space dispute at SCC Sapphire, a residential project in Ghaziabad.
An allottee, who is 90 percent disabled, had approached the Ghaziabad Development Authority with a complaint alleging that eight years after purchasing a flat, her parking space was divided by the builder without her consent. This division effectively blocked her access to the lift, severely impacting her mobility and quality of life.
The State Commissioner for Persons with Disabilities sided with the complaint, finding the builder's actions in violation of accessibility norms. The builder contested these findings, arguing that the proceedings were ex parte. However, the court determined that a representative of the petitioner company was present during the proceedings and that the parking had indeed been divided without the allottee's consent. Consequently, the court declined to interfere with the commissioner's findings.
Directives for Uttar Pradesh Development Authorities
In its ruling, the division bench issued clear instructions to the government and development authorities in Uttar Pradesh. They must ensure that builders adhere to Accessibility Rules when seeking building approvals and before completion certificates are issued. The court mandated that UP development authorities incorporate specific guidelines for disability-friendly features in community living projects.
"UP development authorities should include guidelines for disability-friendly features like accessible parking, lifts, pavements, playgrounds, and community centres in community living projects. Ensure that persons with disabilities are not put in an inequitable position and approved community living plans should include accessible parking spaces," the court directed.
This directive aims to prevent future disputes and ensure that residential complexes are designed and constructed with inclusivity in mind, safeguarding the rights of persons with disabilities from the planning stage itself.
Broader Implications for Disability Rights in Housing
The court's decision reinforces the enforcement of the Rights of Persons with Disabilities Act, 2016, in the realm of residential housing. By linking accessibility to fundamental rights, the ruling sets a precedent that could influence similar cases across India. It underscores the legal obligation of builders and authorities to prioritize inclusive design, ensuring that persons with disabilities can live with dignity and independence.
This case highlights the ongoing challenges faced by disabled individuals in accessing basic amenities within their own homes and communities. The high court's intervention serves as a reminder that accessibility is not merely a convenience but a critical component of equitable living, demanding strict compliance from all stakeholders involved in housing development.
