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Resource id #3 Lease of houses without proper access can be cancelled: Allahabad High Court - Volume 4 Issue 10: Disability News and Information Service for India

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Volume 4 Issue 10 - May 15, 2006

Lease of houses without proper access can be cancelled: Allahabad High Court

D.N.I.S. News Network - In a landmark judgment, the Allahabad High Court has ruled that the allotment of plots for a house built under any housing scheme, a development authority or housing development council in Uttar Pradesh without sufficient provision to access the building by disabled people, the provision for car parking, entry point, and an outlet for water drainage can be cancelled.

The High Court has said that even the layout, drawings and architectural design should not be passed by the authority concerned unless these facilities have been provided for in the proposed residential buildings.

This order was passed by the Bench of Justice Yatindra Singh and Justice Shishir Kumar of the Allahabad High Court on a petition by Group Captain Sukh Deo Singh Sidhu and others of Noida against the State of Uttar Pradesh and others.

The High Court has directed the Chief Secretary of Uttar Pradesh Government to “issue appropriate directions to all departments within three months from the date of receipt of copy of this order.” The Chief Secretary is to direct the departments to issue the following directions to housing boards, local bodies, development authorities, industrial authorities and estate department to ensure that “(ii) no plan for construction of a building for residential purpose or non residential purpose (including commercial, shopping, etc.) be approved unless they adequately provide for (a) sufficient parking space (b) reserving place to be utilised by disabled persons (c) sufficient provision to access the building by disabled persons…”

The Court ordered that a copy of the judgment be made available to the Chief Secretary within a week for compliance.

The Court has also ordered Noida Authority to comply with these orders and issue notices to all lease holders.

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