HC: Forums under the Senior Citizens Act are not obliged under a duty to render categorical findings with respect to the civil rights claimed by parties

 

The Single Bench of the Delhi High Court in the case of Manish Gupta vs Govt of NCT of Delhi & Ors. consisting of Justice Yashwant Varma held that forums which stand created under the Senior Citizens Act are neither obliged nor placed under a duty to render categorical findings with respect to the civil rights which are claimed by parties.

Facts

This writ petition was directed against the order passed by the Divisional Commissioner acting as the Appellate Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [“the 2007 Act”]. In terms of the said order, the prayer for placing the order of the District Magistrate in abeyance during the pendency of the appeal had been negated.

Contentions Made

Petitioner: It was contended that considering the serious civil dispute which was pending inter parties and also formed the subject matter of the civil suit coupled with the rights which were claimed by the petitioner in the property itself, the Divisional Commissioner erred in proceeding to reject the application for stay. It was also contended that since the appeal had been entertained, there was no justification for the Appellate Authority to refuse stay.

 

Observations by the Court

The Bench noted that the forums which stand created under the 2007 Act are neither obliged nor placed under a duty to render categorical findings with respect to the civil rights which are claimed by parties. The primordial consideration of those proceedings is to safeguard the interest of the senior citizens and to ensure that they are not harassed or ill-treated in their twilight years. Relying on Virender Singh v. PR Secretary Cum Divisional Commissioner & Ors. it looked into considerations which would weigh with the Appellate Authority while considering applications for stay in those proceedings.

Order 

Since learned counsel for the petitioner failed to point out any material perversity in the order that was passed by the District Magistrate and which had constrained it to frame directions for eviction, the Court found no ground to interfere with the impugned order. It dismissed the writ petition accordingly.

Case: Manish Gupta vs Govt of NCT of Delhi & Ors. 

Citation: W.P.(C) 15055/2022 & CM APPL. 46499/2022(Stay)

Bench: Justice Yashwant Varma

Decided on: 1^st November 2022 

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(With input from news agency language)

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