• Handicapped bunk shop

Dear Sir/Madam,

My Name is Guruprassad from Chennai/Avadi

as a pillion Rider had an Bike accident on 22.11.2011 my right side knee bone was broken after surgery my knee cap was removed due to infected and my right side leg 2.5 Inches shorten. My Handicapped Percentage is 65%. 

my father also 74 aged person above he's health condition also very poor and medical treatment is undergoing monthly around Rs.7000/-(Medicine + Doctor fees + catheter) 

Now i need guidance where can i apply handicapped bunk shop in road side, my age is 40 we are very poor.

 i approach Avadi Municipality persons for kept Bunk shop in road side but they said you can't kept any bunk shop in road side as per municipality law, if you want kept bunk shop pls approach some local parties they will help you. But if municipality decide want to removed road side shop then your Bunk Shop also removed said that person but i need to kept bunk shop in legally for lifelong if any law is there is possible for kept Road side bunk shop.

Kindly help me Sir/Madam if there is any possible. whom to approach correct person.

im not getting any Handicapped benefits from govt because i don't know where to get benefits.

im only getting benefits from railway

anyone can help me in my bad condition

Thanking you

Your faithfully
S.P.GURUPRASAD
Asked 6 years ago in Constitutional Law

10 answers received in 1 day.

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15 Answers

The person should have minimum of 40% of disability. Medical Certificate should be obtained from the competent Medical authority (ie.) concerned Specialist. In case of multiple disabled person, certificate should be obtained from Medical Board.

You can approach to the District Disabled Welfare Officer or District Employment Officer in head quarter of the district. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

- As per the notification of Municipal corporation , chennai , One shop in every shopping complex owned by the Chennai Corporation should allot one shop on the ground floor to physically handicapped people . 

- You should approach , The Special Commissioner for Handicapped, Office of the State Commissioner of Disabled, No.15/1, Model School Road, Thousands Lights, Chennai-600 006. & Also  The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003, for getting the allotment order. 

- Further , on refusal you should file Writ Petition under Article 226 of the Constitution of India against the refusal order by the above said special Commissioner , and for issuing licence for opening bunk shop on the road side. 

- Recently , the Tamil Nadu high court allowed the people with disabilities to have bunk shops on pavements so that they can earn a decent livelihood. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You cannot open a road side bunk shop without permission from local authorities.

2. You can make an application before district collector for getting permission to open road side shop.

3. Also ask some politically strong person to talk with authorities to give you permissions. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can file writ petition in high court for appropriate direction for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The Delhi High Court has directed the Centre to ensure that five per cent quota is kept aside for the disabled persons while allotting shops

 

2) you should apply to state govt/ muncipal corporation  for allotment of shop 

3) if no reply is received you can file writ Seeking implementation of Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Section 43 provides for preferential allotment of land for the benefit of disabled.

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Legal fees vary depending upon lawyer engaged by you 

 

apply to chief commissioner for person with disabilities 

 

not aware of judgment of Tamil Nadu HC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Try to coordinate /contact a local NGO, who does public spirited work. Search the Internet for local NGO.

2. These NGO's will also arrange finance for shop and make proper representations before the collector office for your needful.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

A representation must be given to the government citing the court orders..

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Fee varies but seeing your condition he should take around 5 to 10k.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you can cite the said order then he has to abide it. If he still doesn't then you proceed with writ petition. The fees depend on the lawyer and his standing in the bar

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

For writ petition the fees would be approx 55k 

If High court have allowed to opening of shop then commissioner is bound be orders of High Court.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can file or draft a writ petition under Article 226 in the High Court . The lawyer fees is different with every lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

- Fee for lawyer is not fixed , but if you are facing financial hardship , then you should approach Legal Cell based in the High premises for hiring a lawyer without any fee.

- Yes, every department is bound to comply the High court order in the country. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Unemployment allowance

The state is giving financial assistance to the educated unemployed people with disabilities. This scheme is applicable to all types of disabilities irrespective of their family income. There are three categories of assistance:

a) Those who have completed secondary education/10th std: Amount is Rs 300/per month
b) Those who have completed higher secondary/12th :  Amount  is Rs 350/- per month
c)  Above graduation : Rs 450/- per month


Eligibility criteria

  1. Registered with special employment exchange  since last one year

  2. Above 40%  of disability

  3. Resident of the state

  4. Only unemployed people are eligible for the assistance

  5. There is exemption of age and income limit

Documents required

  1. Certificate from special employment exchange that declare your registration with the department
  2. Disability certificate
  3. Residence proof

Procedure for application

Applicant can approach to the District Disabled Welfare Officer or District Employment Officer in head quarter of the district. Form can be obtained from the department and can be submitted at the same place.

 

The privilege you are asking for to set up a bunk shop on the pavement belonging to the corporation authorities may not be sanctioned since the pavement space is meant for movement of public and the hindrance by giving permission to set up a shop  may not be tolerable hence you may not be able to get an official licence for that.

You may have to try for setting up a shop through some other sources only.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The High Court had given permission to only 108 people with disability to run bunk shops. “But, the number of bunk shops in the city are much more than 108. People use fake court order numbers to escape police and civic body action,

This was the case of those people who already were running the shops on the pavements. 

They obtained permission from court on the basis of the documentary evidences they produced before court to run the shops, whereas your case is a fresh one.

You are seeking permission to set up a shop now afresh hence you may not fall under the category referred above.

The high court allowed the people with disabilities to have bunk shops on pavements so that they can earn a decent livelihood. Those shops cannot be sublet. The same norms apply to the registered street vendors, who will be allocated shops after the vending zones are demarcated,

So since your case do not fall under the said category your efforts to approach high court with a writ petition seeking the desired relief may not be entertained, it may be a waste of time, money and energy, hence decide wisely.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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