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    Handicapped Welfare Group Housing Society Ltd. Panchkula Vs. State of Haryana & another

    Date : 16/07/2010

    State of Haryana and Haryana Urban Development Authority to formulate an appropriate scheme under section 43 of the PWD Act and to notify the same within 3 months from the date of order.

    The petitioner is a registered society with the Registrar of the Societies, Haryana for the welfare of disabled persons.

    Case Details and Status The instant petition was moved seeking preferential & concessional allotment of land to Persons with Disabilities u/s 43 of the Act, which is dependent on the framing of an appropriate scheme by the concerned local Government and Relevant Authority. The Haryana Development Authority filed a reply in which it was inter-alia stated that the Haryana Urban Development Authority has already satisfied the requirements of the above said section. After perusal of the said instructions the Court found that it does not satisfy the requirements of section 43 of the PWD Act since there is a reservation provided for allotment of industrial and residential plots and there is no mention about any preferential or concessional allotment of setting of business, special recreation centers, establishment of special school, establishment of research centre and establishment of factories by entrepreneurs with disabilities. The state of Haryana admitted that no scheme has been formulated till date. State of Haryana and Haryana Urban Development Authority was directed by the Hon’ble Court to formulate an appropriate scheme under section 43 of the PWD Act and to notify the same within 3 months from the date of order.

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