September 8, 2019
In a significant order that will have far reaching impact, Delhi
Disabilities Commissioner T D Dhariyal has ordered that unused vacant
industrial plots in the National Capital Region be set aside for allotment to
people with disabilities who wish to start their own businesses or production
centres or relocate existing ones.
Losing sight at the age of 28 was a setback for Nitin
Bindlish, who had a business making moulded rubber parts for
tractors and the auto industry. His factory is in Sonepat, Haryana while
Nitin lives in Delhi, a commute that became difficult after his disability.
He wanted to continue working and requested that a vacant plot in any
industrial area in Delhi be allotted to him.
Something that he is entitled to as per the provisions of the Persons
with Disabilities Act, 1995, that was earlier in force as well as
the current Rights of Persons with Disabilities Act 2016 (RPWD
Act).
Section 37 of RPWD Act says appropriate “Government and local
authorities are mandated to frame schemes in favour of persons with benchmark
disabilities (40% or more disabilities) and provide 5% reservation in
allotment of land on concessional rates for various purposes which include
setting up of business, enterprise, production units etc”. These are
mandatory and not implementing them within a reasonable time frame amounts to
violating the rights of people with disabilities and is punishable.
The Supreme Court has directed all state governments and
union territories to frame schemes such that non compliance is brought to the
notice of the concerned Commissioner for Persons with
Disabilities.
However, in response to Nitin’s request, the Delhi State Industrial
& Infrastructure Development Corporation Ltd (DSIIDC) divisional
commissioner said that there was no scheme for allotment of industrial plots
to any section and that his application would be looked into when such a
scheme comes into being.
Nitin then approached the office of T D Dhariyal, Delhi Disabilities
Commissioner saying that his repeated requests were not being
considered despite the Act and that the government had not framed a policy.
At the hearing the DSIIDC claimed that it functions as an implementing agency
only for the relocation of industries working in non-conforming areas of
Delhi and had no information as to whether any of the eligible applicants for
relocation included any disabled persons and that there was no scheme for
preferential allotment of plots at concessional rate under the older Act.
Nitin’s counsel argued that since the DSIIDC was also responsible for the
development of industries, it was also in charge of framing schemes and
should ensure compliance with the laws including the 1995 Act and the recent
RPWD Act. Given that there were nine vacant plots lying unused in Narela
area, it was unfair to make Nitin run around.
Based on these statements, Mr Dhariyal has passed an important order that
brings relief to Nitin and had implications for the community at large. These
are to:
Under the older 1995 Act every state government was supposed to give
preferential allotment of plots at concessional rates. If the Delhi
government is not the landowning authority, then why were they making that
scheme? And if they are drafting the scheme under Section 37, they must
make the amedndments and come up with one within three months. – T
D Dhariyal, Delhi Disabilities Commissioner
Mr Dhariyal says that since the plots are lying vacant and no construction
has taken place, they can be given to a person with disability from another
state. “You are not earning anything there, no one else’s interest is being
affected and from a micro point of view, people from Delhi will get
employment in these factories”, he points out. “The state govt will benefit
because more people will get employed”.
