Any 'affected citizen' can prefer the appeal against the order of the DM under Section 16 of the Senior Citizens Act, not just a senior citizen or parent.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The Petitioner has approached this Court challenging the impugned order passed by the District Magistrate (South) (hereinafter, "DM, South") dated 27th December, 2022 as also the subsequent order of the SDM (Hauz Khas) dated 10th January, 2023 by which he was asked to vacate the premises bearing no. 5/627, lst Floor, Dakshinpuri Extension, New Delhi-110062.

3. The Respondent No.5 - i.e., the mother of the Petitioner filed a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter as `Senior Citizens Act') before the DM, South. The allegation in the complaint was that she has been subjected to ill treatment. The DM, South has, vide the impugned order passed an order of eviction in the following terms:

"5. Upon going through the main provisions for eviction of The Delhi Maintenance of Parents and Senior Citizens Rules, 2009, and after appreciation of evidence adduced of parties herein, this court is of the view that:

(1) Any person or family members i.e. son and daughter or legal heir can be evicted on two main grounds from the Senior Citizen's property:

(a) on account of his non-maintenance and

(b) ill-treatment.

6. After considering all the factum of case, copy of complaint, verbal submission and appreciation of the overwhelming evidence and power vested in this court under provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules prescribed and framed there under, the petition filed by the complainant is hereby allowed and this court is inclined to pass the following orders:

a) That Respondent Sh. Sanjay, Smt. Hemlata, Ms. Sanjana & Ms. Anchal shall vacate the entire premises of property no. bearing 5/627, 1st Floor, Dakshinpuri Extn New Delhi-110002 within 30 days of the issue of the order.

b) That the Deputy Commissioner of Police, South District is directed to ensure enforcement/compliance of the directions mentioned above, as per provisions under The Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016, 3(3) (ii) and to also ensure that life and property of the petitioner is secured and no harassment is caused to her by the respondents.

c) That the SDM (Hauz Khas) is directed to ensure the compliance of the order"

4. Post the passing of the said order, on 10th January, 2023, an order directing compliance has also been issued by the SDM (Hauz Khas).

5. It is submitted by the ld. Counsel for the Respondents that an appellate remedy is provided against the order passed by the DM under Section 16 of the Senior Citizens Act r/w Rule 22 of the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017.

6. The submission of the ld Counsel for the Petitioner is that he has not approached the Divisional Commissioner as the appellate remedy is available only to the parents/Senior Citizens.

7. This issue has been dealt with in W.P.(C) 2895/2021 titled Rakhi Sharma v. The State & Ors. wherein, vide order dated 5th March, 2021 this Court held that an appeal against the order by the DM can be filed by the children and not just the senior citizens/parents. The relevant portion of the said order reads as under:

"11. The question as to who can prefer the appeal has already been decided by this Court in the following three judgements:

(i) Naveen Kumar v. GNCTD & Ors., [W.P.(C) 1337/2020, decided on 5th February, 2020];

(ii) Shri Amit Kumar v. Smt. Kiran Sharma & Anr., [W.P.(C) 106/2021, decided on 6 January, 2021];

(iii) Sh. Shumir Oliver & Anr. v. GNCTD & Ors., [W.P.(C) 2857/2021, decided on 3rd March, 2021]

12. The aforementioned judgments clarify that any `affected citizen' can prefer the appeal and not just a senior citizen or parent. The view taken by this Court is by following the judgement of the ld. Division Bench of the Punjab and Haryana High Court in Paramjit Kumar Saroya v. The Union of India & Anr., 2014 SCC OnLine