A Division Bench of the Madras High Court comprising Chief Justice Sanjib Banerjee and Justice P. D. Audikesavalu has ordered the State Government to submit a time frame for purchasing new disabled-friendly buses for the State, within four weeks.

The Bench expressed that,

“The State seeks time to furnish appropriate figures so that some time may be afforded to the State to go in for a mix of disabled-friendly and ordinary buses for a limited period before all buses acquired from a particular date will be as required by law to be disabled-friendly.”

Factual Background

The Petitioner filed a writ petition for seeking directions from the Court to restrain the State from acquiring any further bus to be added to the fleet in the public transport system in the State unless such bus conforms to the requirements of the Rights of Persons with Disabilities Act, 2016 and the Rights of Persons with Disabilities Rules, 2017, particularly Rule 15 thereof.

Court Reasoning & Judgment

The Court considered the State Government request, seeking time extension for making policy to buy new disabled-friendly buses, and expounded that it is imperative that all buses become disabled-friendly, but the disabled-friendly buses cost much more than ordinary buses and require much better road conditions, particularly within the city limits, than may now be available.

The Court advised the Government that,

“Appropriate measures should have been taken much earlier so that things would not come to such a pass.”

The Court after considering all the Circumstances, granted four weeks time to the State to furnish appropriate figures so that some time may be afforded to the State to go in for a mix of disabled-friendly and ordinary buses for a limited period before all buses acquired from a particular date will be as required by law to be disabled-friendly.

The Court listed the matter on September 30, 2021.

Case Details

Case:- W.P.Nos.5957 of 2021, 38224 of 2005 and 923 of 2007

Judge: Chief Justice Sanjib Banerjee and Justice P. D. Audikesavalu

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Vishal Gupta