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case_law:affected-party-can-file-appeal-against-order-of-dm-senior-citizen-act

Any affected party can file an Appeal against the Order of DM under Senior Citizen Act

Rakhi Sharma vs The State & Ors.1)

The Hon'ble Delhi High Court has ruled that any party affected by the order passed under the Maintenance and Welfare of Parents and Senior Citizen Act can file an appeal in the Appellate Tribunal. This judgement renders a different opinion as Madras High Court in K Raju vs Union of India has held that only parents/ senior citizens can file an appeal against the Tribunal's judgment under the Senior Citizen Act.

Hon'ble Justice Pratibha M Singh disagreed with the above-mentioned judgement and relied on Paramjit Kumar Saroya vs Union of India & Anr, wherein the Court held that Section 16 of the Senior Citizen Act should be read to provide the right of appeal to all affected parties.

Background

In this case, the District Magistrate passed eviction orders against the petitioner under Rule 22(3)(1)(i) of Delhi Maintenance and Welfare of Parents and Senior Citizens Rules. Aggrieved, the petitioner moved the Delhi High Court and argued that only senior citizens/parents could file an appeal.

The Hon'ble Single Judge Bench opined that theft decided this particular issue in Naveen Kumar vs GNCTD & Ors, Amit Kumar vs Kiran Sharma & Anr, and in Shumir Oliver & Anr. v. GNCTD & Ors, and clarified that any affected person could file an appeal and not only parents/senior citizens. The Bench further observed that even though the law in this regard is settled, many petitions have been filed on this same issue.

Directions issued by the Hon'ble Court

Hon'ble Court issued directions to Tribunal and the Deputy Commissioner to specify the litigants' appellate mechanism in eviction and maintenance cases. For Maintenance cases, the instant order would be appellable u/s 16 of Maintenance and Welfare of Parents and Senior Citizens Act, r/w Rule 16 of Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 and the appellate tribunal would be presided over by the District's Deputy Commissioner and the limitation for filing the appeal is sixty days.

The Hon'ble Court further clarified that the instant order would be appealable in eviction cases under Rule 22 (3) (4) of Delhi Maintenance and Welfare of Parents and Senior Citizens Rules. The Divisional Commissioner would preside over the matter, and the limitation would be sixty days.

Decision

The Bench stated that the petitioner could file an appeal under Rule 22 (3) (4) against the maintenance tribunal's order.

1)
W.P(C): 2895/2021 Delhi High Court


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Created on 2021/03/21 21:07 by LawPage • Last modified on 2021/04/09 22:09 (external edit)