BMC to check if differently abled can access key buildings - Times of India

MUMBAI: Bombay high court directed BMC on Thursday to inspect some 15
buildings and commercial establishments within three days and submit a
report stating whether they are friendly to the differently abled. A bench
of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre said,
“...inspect and report whether the statement that they are is correct or
not.” TimesView While the rules are clear that establishments and buildings
must have facilities for the differently abled, these exist simply to tick
boxes so that permissions are obtained and then used for other purposes.
The BMC does not monitor, nor does society as a whole worry about the
issue. Cultural and entertainment spaces too are important, and the
differently abled must have easy access to these. It's high time laws are
enforced. The bench was hearing a PIL filed by interior designer Nisha
Jamwal and advocate Abha Singh on the absence of facilities such as ramps
and accessible washrooms for the differently abled in public spaces,
including those of cultural importance. They gave a list of 15
establishments across Mumbai that lack such facilities, including Sterling,
Regal and INOX cinemas, Oberoi Hotel, National Gallery for Modern Art, Jade
Garden and Aer at Four Seasons Hotel, Worli. Singh argued there was an
absence of ramps at polling booths during elections. The judges, though,
pointed out that they are temporary as elections are held once in a while.
More than at polling booths, there is a need for permanent ramps, they
said. “That you are not bothered about,” said the CJ. The judges asked
BMC’s advocate that while granting sanction for construction, whether it
checks for access to the differently abled along with their wheelchairs.
“That you will not answer,” said the CJ. Singh said development control
regulations say no occupation certificate can be given to a building unless
access is provided to the differently abled. “Most of them make it
available. But they block these places. In all public buildings we find
that,” said the CJ. The judges also said before an OC is issued, BMC is
supposed to record in it that the construction is in conformity with the
sanctioned plan. BMC’s advocate sought two weeks to reply specifying if the
15 buildings have such facilities. “We’ll issue notices to them,” he added.
“Don’t give thrash reply. There is a law,” said the CJ. At one point, the
judges said they would depute a court commissioner to check and verify
these establishments. They then said BMC must do the needful within three
days and inform it on August 26.


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