Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions

The Delhi High Court has asked the Principal Secretary (Revenue) of the Delhi Government to issue appropriate directions in matters where eviction orders passed under Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 are sought to be executed even before expiry of the limitation period to file statutory appeal.

Justice Rekha Palli, who was of the view that the Court was coming across many such cases, directed that a copy of the said order be sent to the Principal Secretary (Revenue) to enable him to issue appropriate directions.

The Court was dealing with a writ petition filed by a woman, aggrieved by an order passed by the District Magistrate directing to dispossess her from the premises in question.

It was the case of the petitioner that the impugned order was being sought to be forcibly implemented by Respondent no. 1, the GNCTD, without appreciating the fact that her statutory appeal was already filed within the prescribed period, however, the same was yet to be listed for consideration before the Divisional Commissioner.

Arguing that she could not be penalized for non listing of her appeal, it was prayed that the operation of the impugned order be stayed till her appeal is taken up for consideration.

While issuing notice on the petition, the Court took note of the fact that Advocate Shobhana Takiar appearing for the Delhi Government was not in a position to deny that under the Senior Citizens Rules, 2009, the petitioner was in fact entitled to file an appeal against the eviction order passed by the District Magistrate within sixty days, which was yet to expire.

While posting the matter for further hearing on February 23, 2022, the Court directed that the Counter affidavit be filed within 4 weeks whereas further 4 weeks time was given for filing the Rejoinder.

However, the Court went ahead to grant interim relief to the petitioner by staying the impugned order and ordered thus:

"Grave and irreparable prejudice will be caused to the petitioner if she alongwith her children is forcibly dispossessed from the subject premises, even before her appeal being taken up for consideration. It is therefore directed that till the next date the operation of the impugned order dated 11.11.2021 will remain stayed."

The Court added that the interim order will not preclude the Divisional Commissioner from proceeding with the petitioner's appeal as per law.

Appearances: Senior Advocate Siddharth Aggarwal, along with Advocates Mansi Sharma and Abhinav Sekri appeared for the petitioners. Advocate Shobhana Takiar appeared for respondent no. 1 GNCTD.

Case Title: SWATI GHAI & ANR. v. GOVT OF NCT OF DELHI & ORS.

Click Here To Read Order