The Bangalore Development Authority (BDA) issued an advertisement in 2015 for the allotment of 5000 residential sites in Kempegowda Layout. Section 43 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (“PWD Act”), read with Rule 28-A (iii) of the Karnataka Rules, 2006, specifically provides for a minimum of 3% reservation in the allotment of sites for persons with disabilities, and at concessional rates. However, the BDA advertisement did not provide the requisite reservation or concessional rates.
Karnataka Rajya Vikalachethanara Rakshana Samithi (r) (“KRVRS”) is a society that works for the welfare of persons with disability. On behalf of KRVRS, CLPR filed a PIL in the Karnataka High Court against the BDA. This petition sought to set aside the advertisement as it only provided 1% reservation without concessions for persons with disabilities, and prayed that it be amended such that 3% of the sites to be allotted, be reserved for persons with disability and be allotted to them at 50% concessional rates.
In the petition, after notice was issued to the Respondents, the BDA issued a Provisional Allotment List in which it reserved 3% of the sites for persons with disabilities, however concessional rates were not provided.
This petition is still pending.