Court affirms the fundamental right of accessibility, mandating inclusive access in community living spaces for persons with disabilities under the Rights of Persons with Disabilities Act, 2016.
In a significant ruling, the Allahabad High Court has reinforced the right to accessibility for persons with disabilities as a fundamental right under Article 21 of the Indian Constitution. The Division Bench, comprising Justices Atul Sreedharan and Siddharth Nandan, delivered this judgment while hearing Writ-C No. 5663 of 2026, filed by M/S SCC Builders Pvt. Ltd. against the State of Uttar Pradesh and others.
The case originated from a complaint by Mrs. Bobby Bagga, a 90% disabled allottee, against the division of her allotted parking space without her consent in a residential project developed by SCC Builders. The court found that the division compromised her accessibility to common facilities such as lifts, thereby violating her fundamental rights.
The court emphasized that accessibility extends beyond public infrastructure to include residential and community living spaces. The judges reiterated that the Rights of Persons with Disabilities Act, 2016, which aligns with the United Nations Convention on the Rights of Persons with Disabilities, mandates unhindered access to facilities for persons with disabilities.
In its judgment, the court referred to Section 44 of the Act, highlighting the requirement for mandatory observance of accessibility norms in building structures. The court noted that no establishment should be permitted to build unless it complies with these norms.
The court also addressed the issue of extraordinary jurisdiction under Article 226 of the Constitution, concluding that there was no prejudice caused to the petitioner since the impugned order adhered to principles of natural justice, supported by evidence and inspection reports.
Furthermore, the court issued directives to the development authorities in Uttar Pradesh to ensure the incorporation of guidelines for proper parking spaces with clear access to common facilities for persons with disabilities. It also urged the government to enforce mandatory adherence to accessibility rules at all stages of construction and completion of buildings.
With this ruling, the Allahabad High Court has set a precedent for ensuring that residential spaces are inclusive and accessible, respecting the dignity and autonomy of persons with disabilities.
Bottom Line:
Rights of Persons with Disabilities Act, 2016 - Fundamental right to accessibility extends beyond public infrastructure to residential buildings and community living spaces, mandating unhindered access to common facilities such as lifts, pavements, and other amenities for persons with disabilities.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Sections 44 and 23(3); Constitution of India, Article 21, Article 226.
M/S SCC Builders Pvt. Ltd. v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2866143
