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Synopsis

A division bench of the Bombay High Court, presided by Justice GS Patel and Justice Neela Gokhale, has warned the Maharashtra Government, cautioning them of possible contempt action if the state fails to file an affidavit in the next hearing regarding the issue of reservation for disabled persons.

“If the Affidavit that is said to be filed in purported or ostensible compliance with orders of this Court does not answer the question of steps taken under Section 37(c) of the Disabilities Act, we are putting all concerned in the Government to notice that we will have no choice but to proceed against those officers, if necessary, in suo moto contempt for disobedience of orders of this Court,” the court said. 

The high court was hearing a plea concerning certain Government Resolutions and the implementation of schemes and development programs under Section 37 of the Rights of Persons with Disabilities Act, 2016.

In June 2022, the court was informed that the Government in Urban Development and Rural Development Departments had formulated a policy to reserve 5% of land for persons with disabilities. The Bench was further told that the Government was contemplating issuing general directions to all Departments for the same.

In August 2022, the matter was adjourned as the Government had prepared an Affidavit pending approval, which was expected to be filed within two weeks.

However, in September 2022, the court noted that the Government had not responded to the query, expressing concern over the lack of seriousness from the Government's end. The bench directed a responsible officer, preferably of the rank of the Secretary, to provide detailed information on the steps taken by the State in implementing Section 37(c) of the Disabilities Act.

On the next hearing date, the government sought additional time, even after a two-month extension was already granted. Finally, on July 31, the affidavit was filed, but it did not address the specific query raised by the court, which was related to the Maharashtra Land Disposal Rules.

On July 31, AGP SG More sought time from the high court on personal difficulty to which the high court said,

“Now we are making it clear that while we are accommodating the learned AGP on personal grounds, we will not grant further time on the next date under any circumstances,” the bench said.

Case title: Rajendra Petrus Lalzare vs State of Maharashtra