Ensure lifts, ramps for disabled in residential complexes: HC

Prayagraj: The Allahabad high court has directed the authorities in Uttar Pradesh to ensure residential complexes provide accessible parking and facilities like lifts, pavements, and gyms for persons with disabilities."It is a fundamental right of a person with disability to have the right to accessibility, for facilities which are common in a building," the high court said.The HC was hearing a writ petition filed by M/S Scc Builders Private Limited, a construction company, challenging an order passed against it under the provisions of the Rights of Persons with Disabilities Act, 2016, in connection with the parking space of an allottee at SCC Sapphire, a residential project in Ghaziabad.The allottee, who is 90 per cent disabled, had approached the Ghaziabad Development Authority with a complaint alleging that eight years after she purchased a flat, her parking space was divided by the builder.The State Commissioner for Persons with Disabilities agreed with the complaint, finding the builder's actions blocked the resident's access to the lift.Disposing of the writ petition on Feb 26, a division bench comprising Justices Atul Sreedharan and Siddharth Nandan said the govt must ensure builders follow Accessibility Rules when getting building approvals and before completion certificates are issued."UP development authorities should include guidelines for disability-friendly features like accessible parking, lifts, pavements, playgrounds, and community centres in community living projects. Ensure that persons with disabilities are not put in an inequitable position and approved community living plans should include accessible parking spaces," the court said.The builder challenged the findings, stating that the proceedings were ex parte. However, the court found that a representative of the petitioner company was present in the proceedings. The court also found that the parking was divided without the consent of the allottee. Thus, it declined to interfere with the findings."The Right to Accessibility cannot be confined only to public places. As a fundamental right, it is also to be extended to a structure or building being utilized for community living. The Right to Accessibility has to be adhered to in residential buildings, which cater to the requirement of providing a shelter with common facilities like lift, pavement, playgrounds, community centres and gymnasium," the HC said.