The Delhi High Court in the case Manish Gupta vs Govt Of NCT of Delhi & Ors observed and has stated that the forums created under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are neither being obliged and nor being under a duty for rendering categorical findings with respect to the civil rights which are claimed by parties.
The bench comprising of Justice Yashwant Varma stated that the primordial consideration of those proceedings is to safeguard the interest of the senior citizens and to ensure that they are not harassed or being ill-treated in their twilight years.
In the present case, the court was dealing with a writ petition challenging the Appellate Authority’s order by which it is prayed for placing the order of District Magistrate in abeyance during the hearing of an appeal, was rejected.
The counsel appearing for the petitioner argued that in the light of the pending civil suit and the rights claimed by her in the property, the appellate authority, the Divisional Commissioner clearly erred in proceeding to reject the application for stay. Also, it was argued that since the appeal was entertained, there was no such jurisdiction for refusal of stay.
The bench of Justice Varma stated that no interference is warranted with the order and referred to his earlier decision in the case Virender Singh vs. PR Secretary Cum Divisional Commissioner And Ors..
Further, the court stated that since the 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, this court finds no ground to interfere with the impugned order. The court while arriving to the conclusion has also weighed in mind the principles which were enunciated in Virendra Singh and have been extracted hereinabove.
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