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2023 Supreme(Del) 297

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Smt. Dulli Biswas - Petitioner
Versus
The Divisional Commissioner & Ors. - Respondents
W.P.(C) No.9915 Of 2020
Decided On : 25-01-2023

Advocates Appeared:
For the Petitioner:Mr. Gaurav Kumar, Adv. with Petitioner in person and her husband.
For the Respondent: Ms. Hetu Arora Sethi, Mr. V.S. Kamra.

Headnote:

Maintenance and Welfare of Parents and Senior Citizen Act, 2007 – Section 22 – Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017 – Rule 22 – Comprehensive Resolution of dispute – Seeking Quashing of Impugned Order – Petitioner and her husband senior citizens have four children along with their family members stated to be living in property bearing – Petitioner and her husband live on ground floor with one daughter granddaughter first floor is occupied by second daughter family – Held, Counsel Petitioner visit hospital frequently for blood transfusion as also Petitioner and her husband had to visit Orissa native village owing to a previous medical issue – Court is a valid ground for condo nation of delay – Respondent vacant subject property and hand over possession peacefully to Petitioner and her husband failing which SHO-PS Mohan Garden shall ensure that possession of floor which is occupation of Respondent over to Petitioner without any obstructions – Petition disposed of.

JUDGMENT :

[Prathiba M. Singh, J.]

1. This hearing has been done through hybrid mode.

2. The Petitioner and her husband - Mr. Anil Biswas who are both senior citizens, have four children i.e., two sons and two daughters. All four children, along with their family members, are stated to be living in property bearing No.WE-30, Gali No.9, Mohan Garden, Pipal Road, Uttam Nagar, New Delhi (hereinafter, “subject property”).

3. The Petitioner and her husband live on the ground floor with one daughter Ms. Anjali Biswas and a granddaughter. The first floor is occupied by the second daughter Ms. Ranjana Biswas and her family. The second floor and third floor was in the occupation of the two sons Mr. Ashok Biswas and Mr. Aseem Biswas and their families at the time of filing of the present writ petition. However, during the pendency of the petition, Aseem Biswas and his family is stated to have shifted out. There are various disputes that have arisen between the parties and complaints have been filed by the Petitioner and her husband against their children.

4. The present petition has been filed by the Petitioner seeking quashing of the impugned order dated 22nd February, 2020 passed by the Appellate Court of the Divisional Commissioner, Department of Revenue, GNCTD (hereinafter, “ ld. Divisional Commissioner”), by which the appeal filed by the Petitioner was dismissed on the ground that the same is barred by limitation.

5. In this writ petition, vide order dated 17th February, 2021, this Court had directed the parties to explore a comprehensive resolution of dispute and had accordingly impleaded all the children of the Petitioner including her daughters and their husbands. The parties had also appeared in a virtual hearing before the court. After hearing them, an interim arrangement was also directed with the consent of the parties. The relevant portion of the order dated 17th February, 2021 is set out below:

    “3. The Petitioner and her son, Respondent No.2 - Mr. Ashok Biswas have appeared before Court. A comprehensive resolution of the disputes amongst the family members would require to be explored. Ms. Ranjana Biswas is already impleaded as Respondent no.5. Mr. Aseem Biswas, who was a party before the DM and the tribunal is impleaded as Respondent No.6. Ms. Anjali Biswas – the other daughter is impleaded as Respondent no. 7. Mr. Anil Biswas the husband of the Petitioner is impleaded as Respondent No.8. Amended memo of parties be filed within a week.

4. After interacting with the parties, it is deemed appropriate to also direct Mr. Anil Biswas, i.e., the husband of the Petitioner, to remain present in Court on the next date, along with his daughters.

5. After interacting with the parties today, with consent of parties, the following directions are being passed in order to maintain peace and tranquility between the family members.

i. Mr. Ashok Biswas who is present along with his wife and infant daughter, assures this Court that he would not misbehave with his mother and father in any manner whatsoever. He also undertakes not to cause any disruption or obstruction in the laying of the Indraprastha gas line in the premises. He shall be bound by the said undertakings.

ii. Occupants of the various floors are permitted to get the Indraprastha gas line installed in their respective floors, after paying the necessary charges. None of the parties shall obstruct or disrupt installation of the Indraprastha gas line in any floor.

iii. Insofar as the terrace is concerned, since the water tanks and other amenities are located there, the door to the terrace shall be repaired and a lock shall be installed. The keys for the same shall be three in number – one each with the Petitioner, one with the daughter occupying the First floor and the third key with Mr. Ashok Biswas and Aseem Biswas who are jointly residing in the Second floor. Neither party shall obstruct the others from accessing the terrace.

iv. If the Petitioner wishes to install a CCTV camera

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