Appellate Tribunal Under Senior Citizens Act Should Make All Efforts To Decide Appeals Within One Month: Delhi High Court

The Delhi High Court has observed that the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 should make all efforts to ensure that section 16(6), which states that appeals must be decided within one month, is implemented in its true spirit to the extent it is practical.

Section 16(6) of the Act states that the Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of receipt of such appeal.

“No doubt that the Sub-Section 6 of Section 16 of the Act, places an obligation upon the Appellate Tribunal to pronounce its order in writing within one month of the receipt of the appeal, the Appellate Tribunal should make all efforts to ensure that the said provision is implemented in its true spirit to the extent it is practical,” Justice Tushar Rao Gedela said.

The court was hearing a plea moved by a woman seeking direction upon the the Appellate Authority, being the Divisional Commissioner, for early disposal of her appeal under the Act. Her counsel submitted that though the appeal against the order of the SDM was filed on January 12 and listed for the first time on February 17, the Appellate Tribunal had fixed the next date for hearing on June 28.

It was contended that the mandate of Section 16(6) of the Act would be rendered negatory in case the appeals are not decided within the timelines specified under the enactment.

After hearing the counsel and analysing the provision in question, the court said:

“It is not far to see, as to why such a provision was inserted by the Legislature. The preamble of the Act itself makes it clear that the said Act is only for the purposes of ensuring that senior citizens and parents, who may be in a vulnerable age and stage of their lives, are not unnecessarily deprived of their shelter. In all probability it is with the aforesaid and above noble cause that the aforesaid Act containing benevolent provisions was promulgated.”

The court disposed of the plea by requesting the Appellate Tribunal to take up the appeal “as soon as practically possible” and dispose it of as per Section 16(6) of the Act, preferably within three months.

Title: SMT KARTARI DEVI v. SH. VINOD KUMAR AND ORS.

Citation: 2023 LiveLaw (Del) 415

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