The Delhi High Court has recently ruled that any person, party affected by the order passed by Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 can file an appeal before the Appellate Tribunal.
In this present 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. The petitioner moved the Delhi High Court and argued that only senior citizens/parents could file an appeal.
A Single Bench of Justice Pratibha M. Singh relied upon 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 or 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.
“The Act and the various Rules and Notifications thereto are not readily available to litigants, as also lawyers, in the form of a separate publication. This may be one of the causes for confusion in filing multiple writ petitions directly against the first order of the tribunal or, in the case of eviction, from the order of the Deputy Commissioner/DM. The said orders would be appealable as explained herein above. Thus, lawyers and the litigating public ought to avail of the remedies available to them under the Act and the Rules, as per the narration above.” Court said.
The Court further directed that the present order shall be communicated to all the Maintenance Tribunals, Appellate Tribunals and the concerned Presiding Officers who are exercising powers under the Rules.