Delhi High Court Directs MCD To Ensure Patients Living In Leprosy Colonies Are Not Evicted

The Delhi High Court has directed Municipal Corporation of Delhi (MCD) to ensure that the patients residing in leprosy colonies are not evicted and there are no encroachments on the land.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that leprosy affected persons should be considered for appointment under persons with disability quota and people must be made aware and sensitised to ensure that leprosy patients are not discriminated against.

The court was hearing a plea moved by a leprosy affected person, who is a resident of a leprosy colony i.e. Gandhi Kusht Ashram in city’s Tahirpur area. He was later cured of the disease.

The plea sought a declaration that leprosy affected persons are equal members of the society and discrimination against them is in clear violation of Articles 14 and 21 of the Constitution of India.

A declaration was also sought that the persons living in leprosy colonies have a right under Article 21 to occupy and own land in such colonies.

Observing that leprosy is a curable disease and steps must be taken to ensure that the person is rehabilitated once cured of the disease, the court did not agree with the petitioner’s prayer for grant of title of the land occupied by persons living in leprosy colonies.

The court said that the purpose of having leprosy colonies is for the benefit of leprosy affected persons and a person should be in a position to leave the colonies after being cured. It added that steps must be taken to rehabilitate the individuals.

“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 court said.

The bench observed that the very purpose of creating leprosy colonies will get defeated if title of land is granted to persons who are living in the colonies but are not affected by the disease.

“This Court is in agreement with the Petitioner that leprosy affected persons are equal members of our society and discrimination against leprosy affected persons is clear violation of Articles 14 and 21 of the Constitution of India. An attempt, therefore, must be made to ensure that these persons are brought back to the mainstream. Granting them title deeds in these colonies is not the solution,” the court said.

The bench added that persons living in leprosy colonies must be encouraged to come out of the colonies, live a normal life and mingle with the mainstream.

“Though this Court sympathises with the cause of the Petitioner, its hands are tied with regard to the prayer seeking grant of title. Grant of title deeds is not the remedy to the issue of encroachment,” the court said.

It ordered: “In view of the above, this Court is not in a position to accede to the prayer of grant of title of land which is being occupied by persons living in the leprosy colonies, i.e., Leprosy Complex Tahirpur. However, the MCD is directed to ensure that the leprosy patients who are residents of these colonies are not evicted and that there are no encroachments on the land.”

Title: GORE LAL SINGH v. GOVT. OF NCT OF DELHI & ORS

Citation: 2023 LiveLaw (Del) 193

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