PRAYAGRAJ: The Allahabad High Court has instructed Uttar Pradesh authorities to ensure that residential complexes equip themselves with accessible parking and amenities such as lifts, pavements, and gyms for individuals with disabilities.
“Accessibility is a fundamental right for persons with disabilities, enabling access to facilities that are standard in a building,” stated the high court.
The court was addressing a writ petition brought by M/S Scc Builders Private Limited, a construction firm, in response to an order related to the Rights of Persons with Disabilities Act, 2016, concerning the parking space allocated to a resident at SCC Sapphire, a housing project in Ghaziabad.
The resident, who is 90% disabled, complained to the Ghaziabad Development Authority that, eight years post-purchase of her flat, the builder had divided her assigned parking space.
The State Commissioner for Persons with Disabilities concurred, noting that the builder’s actions obstructed her access to the lift.
On February 26, a division bench consisting of Justices Atul Sreedharan and Siddharth Nandan emphasized that the government must ensure builders adhere to Accessibility Rules before issuing building approvals and completion certificates.
“The development authorities in UP should incorporate guidelines that promote disability-friendly features, including accessible parking, lifts, pavements, playgrounds, and community centers, into community living projects. It is crucial to ensure that individuals with disabilities are not placed at a disadvantage, and approved plans must include accessible parking spots,” the court remarked.
The builder contested the findings, arguing that the proceedings were ex parte. However, the court noted that a representative from the petitioner company was indeed present during the hearings.
The court also determined that the parking area was reallocated without the allottee’s consent, leading to a refusal to challenge the findings.
“The Right to Accessibility extends beyond public spaces; it must also be upheld in structures used for community living. Residential buildings are obligated to provide access, including facilities like lifts, pavements, playgrounds, community centers, and gyms,” stated the HC.
