The Supreme Court has issued a notice in response to a Special Leave Petition submitted by an individual who had previously suffered from leprosy. The petition aims to transfer the land rights and ownership of property currently under the control of the Department of Social Welfare to those affected by leprosy residing in the Tahirpur Leprosy Colony in Delhi. Furthermore, the SLP also seeks protective measures to prevent non-affected individuals from encroaching on these leprosy colonies
The division bench of Justices Hrishikesh Roy and Sanjay Karol, seek response from the Government of N.C.T. of Delhi and the Department of Social Welfare.
"Issue notice, returnable in six weeks." The Petitioner approaches the Supreme Court challenging 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.
Case Brief -
The Chief Justice Bench of the Delhi High Court, in its order dated February 20, 2023, resolved the Writ Petition by stating, " "Though this Court sympathises with the cause of the Petitioner, its hands are tied with regard to the prayer seeking grant of title."
Further, the Court held 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.
The petitioner brought to the Court's attention that Report No. 256 of the Law Commission had made recommendations regarding the resolution of land rights issues and the legalization of property ownership in leprosy colonies across the country.
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the AoR stating, "Since leprosy is now fully curable, the Lepers Act 1898 which provides for segregation has since been repealed.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.
Case Title: Gore Lal Singh v. Govt. Of Nct Of Delhi & Ors.
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