Justice Sunanda Bhandare Foundation v. U.O.I. & Anr.

November 26, 2021

I.A. No. 10 in Writ Petition(s) (Civil) No(s). 116/1998

Constitution of India — Art. 136 — Powers of court — Order directing Central Government, State Government and Union Territories to ensure implementation of the 1995 Act in all respects including with regard to visually disabled persons — Status report as regards the implementation of the said order required to be submitted by Various state Governments — State of Bihar has already filed the status report and some of the States undertook to file the status report within six weeks — Directions, therefore, issued to the Secretaries and the competent authorities requiring them to file the status report — Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995, S. 2 (Paras 3 to 5)

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(Dipak Misra and Prafulla C. Pant, JJ.)

Justice Sunanda Bhandare Foundation ______ Petitioner

U.O.I. & Anr. __________________________ Respondent(s)

I.A. No. 10 in Writ Petition(s) (Civil) No(s). 116/1998, decided on July 20, 2015

The Order of the court was delivered by

Order

1. This Court on 26^th March, 2014, had opined thus:

“13. In our view, the 1995 Act has to be implemented in the letter and spirit by the Central Government and Union Territories without any delay, if not implemented so far.”

2. After so stating, this Court had directed as follows:

“14. We, accordingly, direct the Central Government, State Governments and Union Territories to implement the provisions of the 1995 Act immediately and positively by the end of 2014.

15. The Secretary, Ministry of Welfare, Government of India, the Chief Secretaries of the States, the Administrators of Union Territories, the Chief Commissioner of the Union of India and the Commissioners of the State Government and Union Territories shall ensure implementation of the 1995 Act in all respects including with regard to visually disabled persons within the above time.”

3. The present application has been filed asking the Central Government, the State Governments and the Union Territories to submit the status report as regards the implementation of the aforesaid order. On a perusal of the office report, we find that the State of Bihar has already filed the status report.

4. Learned counsel appearing for the States of Rajasthan, Nagaland, Himachal Pradesh, Gujarat, Mizoram, Jharkhand, Jammu & Kashmir, Uttaranchal, NCT of Delhi and Union Territories of Andaman and Nicobar, Goa and Dadra and Nagar Haveli undertake to file the status report by the competent authority within six weeks hence.

5. As far as the other States are concerned, let notice be issued to the Chief Secretaries and the competent authorities requiring them to file the status report keeping in view the directions passed vide the order quoted hereinabove within six weeks hence. A copy of the application be served on the office of the learned Attorney General for India so that the response can be filed.

6. Let the matter be listed in the second week of September 2015.

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