HC constitute Committee headed by CS for allotment of land to National Federation of the Blind
JKUT (Jammu), September-11-2021-( JNF):- In a petition filed by Louis Braille Memorial School for the Sightless Girls, Roop Nagar, Jammu challenging rejection of the request for allotment of the said piece of land was infact flimsy, inasmuch as, even today a portion of the existing building of the school was coming within the range of the high tension line.
Justice Dhiraj Singh Thakur after hearing both the sides constitute a Committee headed by the Chief Secretary, UT of J&K, Commissioner/Secretary to Government, Social Welfare Department, UT of J&K as also the Vice-Chairman, Jammu Development Authority, who will go into the question and take a sympathetic view. The Committee can even consider allotment of any other plot of land, if the same is available and vacant in favour of the Jammu Municipality, while considering the case of the petitioners in regard to the plot in question.
The present petition has been filed by the National Federation of the Blind, which has a branch in the Union Territory of Jammu and Kashmir. It is a duly registered society under the Societies Registration Act. The organization runs a school for visually impaired girls in the Roop Nagar Colony in Jammu. The said school has been constructed over a plot of land measuring approximately 02 kanals. It appears that the number of girl students who suffer from visual impairment is approximately 50. These students are housed in a two storied building, which consists of residential quarters/hostel as also the class rooms.
It is stated that there is hardly any free area left for the free movement of the students. It is also stated that over a period of time the school expects an increase in the number of students, which may be admitted in the said institution. It is further stated that this is the only institution for the visually impaired girls in the entire UT of J&K, therefore, the need for expansion is imminent and necessary.
In the aforementioned backdrop, it is stated that the petitioners have been making efforts for obtaining an extra piece of land from the Jammu Development Authority in addition to two kanals, which have already been allotted to the institution. However, instead of acceding to the request of the petitioners for allotment of additional piece of land, the JDA has now allotted approximately 05 kanals of land to the Jammu Municipal Corporation for running an Animal Treatment Centre. The request of the petitioners for allotment of land was rejected on the premise that a high tension line is running over the land in question, therefore, there is a need to keep the said area as a green area.
Sr. Adv . Santosh Kumar Rungta assisted by Adv Ravi Abrol appearing on behalf of the petitioners vehemently urged that the reason for rejection of the request for allotment of the said piece of land was infact flimsy, inasmuch as, even today a portion of the existing building of the school was coming within the range of the high tension line.
It is further stated that contrary to the reason given in the order of rejection, the Municipal Corporation is now is in the process of constructing structures in the said land measuring approximately 05 kanals, which belies the stand of the Jammu Development Authority.
Justice Dhiraj Singh Thakur after hearing both the sides observed that there is considerable weight in the submissions made by the learned senior counsel for the petitioners. It appears that this is an institution, which is the only institution of its kind, which takes care of the interest of the visually impaired girl students in the UT of J&K. It was stated that at the time of filing of the writ petition, the number of students has increased from 47 to 50. It is natural that the number of students will increase progressively in future and therefore, the need for expansion of the institution is unavoidable.
Justice Thakur further observed that from the photographs, which have been annexed with the writ petition, it can be seen that the Jammu Municipal Corporation is in the process of raising construction and the plinth has already been laid out. From the photographs, it is also apparent that the existing building, on the face of it appears to be now congested, leaving no room for free movement of the children, who have been housed in the said institution.
Justice Thakur observed that Needless to say that the degree of difficulty, which such visually impaired children are facing, is much more than the degree of difficulty, which a person with normal faculties, would face in life. Some amount of free movement is therefore necessary for ensuring their physical health and for allowing them to undertake other activities, which are prescribed for such children, who have to be kept in spaces which are protected. Justice Dhiraj Singh Thakur observed that the official respondents need to re-consider their decision with regard to the plot in question, which has been allotted in favour of the Jammu Municipal Corporation and constitute a Committee headed by the Chief Secretary, UT of J&K, Commissioner/Secretary to Government, Social Welfare Department, UT of J&K as also the Vice-Chairman, Jammu Development Authority, who will go into the question and take a sympathetic view. The Committee can even consider allotment of any other plot of land, if the same is available and vacant in favour of the Jammu Municipality, while considering the case of the petitioners in regard to the plot in question.
High Court further said that there is an obligation on the part of the UT of J&K to ensure the well-being and the rights of the visually impaired persons in terms of Section 31 of the Rights of Persons with Disabilities Act, 2016 and let the needful be done preferably within a period of six weeks’ and in the meanwhile ordered that subject to objections, it is ordered that no construction activity will be permitted on the plot in question, till further orders from this Court. JNF