New Delhi, November 5, 2026 (Yes Punjab News)
The Supreme Court on Thursday issued notice on a Public Interest Litigation (PIL) seeking mandatory barrier-free accessibility in residential buildings, apartment complexes and group housing projects across the country under the Rights of Persons with Disabilities (RPwD) Act, 2016.
A bench of Justices Vikram Nath and Aparesh Kumar Singh issued notices to the Centre, the Ministry of Housing and Urban Affairs and the Ministry of Rural Development, making them returnable in four weeks.
During the hearing, counsel for the petitioner submitted that accessibility issues were already being considered by the Supreme Court in other proceedings, but the specific issue of residential buildings was not covered. The counsel urged the court to tag the matter with the pending proceedings to avoid fragmented consideration.
Allowing the request, the bench said, “Alright, tag it with W.P.(C) No. 243 / 2005.”
The petition, filed through advocate Ashutosh Senger, highlights the alleged failure of authorities to ensure barrier-free access in residential buildings and their common-use facilities despite the statutory provisions under the 2016 Act.
The plea argues that accessibility is a mandatory legal obligation rather than an aspirational objective. It relies on Sections 40 and 44 of the Act, which require the formulation and enforcement of accessibility standards and prohibit the grant of building permissions, completion certificates and occupation certificates unless prescribed requirements are met.
It also cites Section 2(x) of the Act, which includes “housing” within the definition of public facilities and services, to argue that accessibility standards must apply to residential buildings.
Highlighting the difficulties faced by persons with disabilities, the petition states that inaccessible designs often prevent them from independently accessing and using their homes. It points to narrow doorways, inaccessible bathrooms and toilets, and inadequate circulation spaces as barriers for wheelchair users and others with disabilities.
The plea also flags differences in the implementation of accessibility standards across states. It contends that while some states extend the requirements to residential buildings and apartment complexes, others limit them to group housing projects or exclude private residential buildings.
The petition further refers to the Pradhan Mantri Awas Yojana-Urban (PMAY-U) 2.0 Operational Guidelines, which require states and Union Territories to make suitable provisions for ramps and other facilities to ensure barrier-free access in housing projects.
It argues that the absence of mandatory accessibility requirements in residential construction could undermine the statutory provision for housing reservation for persons with benchmark disabilities under Section 37 of the Act if the allotted homes themselves remain inaccessible.
The petitioner has sought directions to the Centre and other authorities to ensure compliance with accessibility standards at the planning, design and construction stages of residential buildings.
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