Allahabad High Court Upholds Accessibility Rights for Persons with Disabilities in Residential Complexes
By Rajesh Pandey
In a significant ruling aimed at strengthening the rights of persons with disabilities, the Allahabad High Court has directed authorities in Uttar Pradesh to ensure that residential buildings and housing complexes provide adequate infrastructure that allows disabled individuals unhindered access to common facilities.
The court emphasised that residential developments must incorporate dedicated parking spaces and seamless access routes for persons with disabilities, ensuring easy entry to essential shared amenities such as elevators, walkways, playgrounds, community halls, fitness centres and other common spaces.
Accessibility a Fundamental Right
A Division Bench comprising Justice Atul Sreedharan and Justice Siddharth Nandan observed that accessibility is not merely a convenience but a fundamental right for persons with disabilities.
The Bench noted that individuals with disabilities must be able to use facilities within residential buildings without facing physical barriers or discriminatory arrangements.
According to the court, the right to accessibility includes the ability to reach and utilise common amenities that form part of community living in modern residential developments.
Directions to Development Authorities
The judges directed development authorities across the state to incorporate clear provisions in building approval guidelines so that accessibility norms are strictly enforced.
The court stated that authorities must ensure compliance with Accessibility Rules at two crucial stages—first, while granting permission for construction and second, before issuing completion certificates for any building project.
The Bench emphasised that residential layout plans approved by authorities must include designated parking for persons with disabilities in locations that allow convenient and unobstructed access to lifts and other shared facilities.
This would prevent situations where disabled residents are placed at a disadvantage within housing communities.
Case That Led to the Ruling
The court issued these directions while hearing a writ petition filed by SCC Builders Private Limited, which had challenged an order passed against it under the provisions of the Rights of Persons with Disabilities Act, 2016.
The dispute arose from a complaint related to a residential project known as SCC Sapphire in Ghaziabad.
A flat owner who is 90 per cent disabled had approached the Ghaziabad Development Authority, alleging that the parking space allotted to her had been divided by the builder several years after she had purchased the apartment.
According to the complainant, the alteration of the parking area created serious difficulty for her in accessing the lift in the building.
Findings of the Disability Commissioner
The complaint was examined by the State Commissioner for Persons with Disabilities, who concluded that the builder’s actions had indeed created an obstacle for the resident.
The commissioner ruled that the division of the parking space had adversely affected the complainant’s ability to reach essential facilities within the building.
The builder later challenged the order, claiming that the proceedings had been conducted without giving it a fair opportunity to present its case.
However, the High Court observed that a representative of the company had in fact participated in the proceedings before the commissioner.
The court also noted that the parking arrangement had been altered without obtaining the consent of the original allottee.
As a result, the Bench declined to interfere with the findings of the commissioner.
Accessibility in Community Living
While disposing of the petition, the court delivered an important observation on the evolving scope of accessibility rights.
The judges stated that the concept of accessibility should not be limited only to public places such as government offices or transport facilities. Instead, it must also extend to residential structures where people live collectively and share common amenities.
The court remarked that housing complexes with facilities such as lifts, pathways, recreational areas, community halls and gyms constitute environments of community living, and therefore must ensure equal and barrier-free access for persons with disabilities.
The Bench reaffirmed that providing accessible infrastructure in residential buildings is an essential part of guaranteeing dignity, independence and equal participation in daily life for persons with disabilities.
The ruling, delivered on February 26, reinforces the obligation of builders and planning authorities to ensure that residential developments across the state are designed with inclusivity and accessibility at their core.
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