Supreme Court Issues Notice In Plea By Leprosy-Affected Individual Seeking Land Rights In Leprosy Colony In Delhi

The Supreme Court issued a notice in a Special Leave Petition filed by an individual who was previously affected by leprosy seeking the transfer of land rights and ownership of the property vested in the Department of Social Welfare to the leprosy-affected individuals residing in the Tahirpur Leprosy Colony in Delhi. Additionally, the SLP also sought measures to prevent encroachment by unaffected people in these leprosy colonies.

The Bench of Justice Hrishikesh Roy and Justice Sanjay Karol while seeking a response from the Government of N.C.T. of Delhi and the Department of Social Welfare, issued an order stating, "Issue notice, returnable in six weeks." The Petitioner had approached the Apex Court to challenge the Delhi High Court's decision, which had denied the request to grant title of land currently occupied by individuals residing in the leprosy colonies.

Background: The Chief Justice Bench of Delhi High Court had vide its order dated February 20, 2023, disposed of the Writ Petition stating "Though this Court sympathises with the cause of the Petitioner, its hands are tied with regard to the prayer seeking grant of title."

The High Court had also stated that the purpose of having leprosy colonies is for the benefit of leprosy-affected persons and once a person is cured of the disease, he should be in a position to leave these colonies and steps must be taken to rehabilitate them. Title of land cannot be granted to such persons to permit them to continue in these colonies generation after generation even though the future generations will not be physically affected by the disease.

"The very purpose of creating these colonies will get defeated if title of land is granted to persons who are living in these colonies and who are not affected by leprosy", stated the High Court's order.

However, the Petitioner, represented by Advocate-on-Record Rashmi Nandakumar, informed the Apex Court that Report No. 256 of the Law Commission had recommended addressing the issues related to land rights and legalizing property ownership in leprosy colonies throughout the country.

Nandkumar submitted that in tune with the said recommendation, the Eliminating Discrimination Against Persons Affected by Leprosy (EDPAL) Bill 2015 was introduced in Parliament with the aim to provide security of tenure, title and ownership of property for all persons affected by Leprosy and to ensure that no person affected by Leprosy or members of his family shall be removed or evicted from the existing leprosy colonies without prior sanction of Central or State Commission of Leprosy.

The Court also recorded the submissions of the AoR stating, "Since leprosy is now fully curable, the Lepers Act 1898 which provides for segregation has since been repealed. For this reason, there is no need for segregation of the leprosy-affected patients, unlike the olden times. Therefore if the present occupants in the leprosy colony are granted land rights, the State will not only facilitate assimilation of the cured leprosy patients but would also prevent encroachment by unaffected people, in the leprosy colonies."

Accordingly, the Court issued notice in the matter.

Cause Title: Gore Lal Singh v. Govt. Of Nct Of Delhi & Ors. [Diary No(s).32432/2023]

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