CM No.23287/2015 (for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

W.P.(C) 9717/2015

3. The petition impugns the order dated 11th September, 2015 of the Maintenance Tribunal for Welfare of Parents & Senior Citizen, North-West District, Kanjhawala, Delhi constituted under the Maintenance & Welfare of Parents and Senior Citizens Act, 2007 issuing the following directions in a petition before it by the mother of the petitioner:-

“In view of the above, the tribunal directs the concerned area SHO to ensure that the entry of the senior citizen in the property owned by the petitioner should be peaceful. The petitioner will occupy the First Floor of the house and recover rental income from the other two floors. Further, the respondents are hereby directed to maintain peace at the house and not to disturb the applicant on day to day activities since the applicant is an old aged person and in her lean years she must have psychological support and care. Let a copy of this order send to both the parties and concerned area SHO for necessary compliance.”

4. The counsel for the petitioner argues that a Maintenance Tribunal constituted under the Senior Citizens Act supra is only entitled to pass an order of maintenance in favour of the senior citizens and is not entitled to issue any such directions as have been issued in the present case. Reliance in this regard is placed on the judgment of the Single Judge of this Court in Sanjay Walia Vs. Sneha Walia 204 (2013) DLT 618 to the extent laying down that the power and jurisdiction of the Maintenance Tribunal is restricted to grant of maintenance at the rate not exceeding Rs.10,000/- per month and that the Tribunal has not been bestowed by the Legislature with the power to direct handing over the possession of a property to the applicant before it, as had been done in that case.

5. As far as I recollect, the aforesaid judgment of the learned Single Judge of this Court was subject matter of appeal. The counsel for the petitioner states that he is not aware of the outcome of the appeal.

6. Section 9 of the Act, on which reliance was placed in the aforesaid judgment, is to be found in Chapter II of the said Act titled “Maintenance of Parents and Senior Citizens”. Else, the Preamble of the Act describes the same as an Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto. The statement of Objects and Reasons of the said Act is also to the effect that in the changing times, a number of elderly are not being looked after by their family and ageing has become a challenge and there is a need to give more attention to the care and protection of older persons and to cast an obligation on the persons who inherit the property of their aged relatives, to maintain such aged relatives. Section 3 of the Act gives it an overriding effect over any other enactment or instrument. Section 4 (in Chapter II) titled “Maintenance of Parents and Senior Citizens” in sub-section (2) thereof provides that the obligation of children to maintain a senior citizen extends to the needs of such citizen so that the senior citizen may lead a normal life. Normal life would certainly include a right to peacefully live in one’s own property and being not prevented from use thereof and recovering rent thereof, regarding which directions have been issued in the impugned order.

7. Besides Chapter II supra, Chapter III of the Act deals with provisions for establishment of old age homes, Chapter IV contains provisions for medical care of senior citizens and Chapter V contains provisions for protection of life and property of senior citizens. Section 22 of the Act empowers the State Government to confer such powers and impose such duties on District Magistrate, as may be necessary to ensure that the provisions of this Act are properly carrie