Forums Under Senior Citizens Act Not Required To Give Categorical Findings On Civil Rights: Delhi High Court

The Delhi High Court has said that forums created under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 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," said Justice Yashwant Varma.

The court was dealing with a writ petition challenging the Appellate Authority's order by which the prayer, for placing the order of District Magistrate in abeyance during the hearing of an appeal, was rejected.

The petitioner's counsel argued that in light of the pending civil suit and the rights claimed by her in the property, the Divisional Commissioner, who is the appellate authority, clearly erred in proceeding to reject the application for stay. It was also argued that since the appeal was entertained, there was no justification for refusal of stay.

Justice Varma said no interference is warranted with the order and referred to his earlier decision in Virender Singh vs. PR Secretary Cum Divisional Commissioner & Ors.

"Since learned counsel for the petitioner has 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 finds no ground to interfere with the impugned order. While arriving at the aforesaid conclusion, the Court has also weighed in mind the principles which were enunciated in Virendra Singh and have been extracted hereinabove," said the court.

Title: MANISH GUPTA vs GOVT OF NCT OF DELHI & ORS

Citation: 2022 LiveLaw (Del) 1052

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