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2023 Supreme(Del) 1029
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Chatur Sain – Appellant
Versus
Government of NCT of Delhi & Ors. – Respondents
W.P.(C) 12613 of 2022
Decided On : 01-03-2023
Ms. Prachi Vashisht, Advocate, for the Petitioner.
Mr. Sameer Vashisht, ASC (Civil), GNCTD.
Mr. Karan Kumar & Mr. Godson George, Advocates for R-4.
The importance of expeditious enforcement of possession orders and the need for sensitization of SDMs to ensure implementation of court orders.
Headnote:
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Possession of Property - 24th September, 2018 order - 18th October, 2022 order - 7th February, 2023 order
Fact of the Case:
The petitioner sought compliance with the order dated 24th September, 2018 for possession of a property. Despite subsequent orders, the respondent did not vacate the property, leading to the court issuing bailable warrants and directing the SDM to ensure possession is handed over.
Finding of the Court:
The court found that the respondent failed to comply with the orders and directed coercive measures to enforce possession in favor of the petitioner, an 83-year-old senior citizen.
Issues: Non-compliance with court orders, failure to vacate property, and the need for sensitization of SDMs to enforce court orders.
Ratio Decidendi: The court emphasized the importance of expeditious enforcement of possession orders and directed the GNCTD to issue standard operating procedures (SOPs) for all SDMs to ensure implementation of court orders.
Final Decision: The court directed the issuance of bailable warrants, coercive measures to ensure possession, and the preparation of SOPs for SDMs. The petition was disposed of with these terms.
JUDGMENT
Prathiba M. Singh, J.(Oral)
1. This hearing has been done through hybrid mode.
2. The petition was filed by the Petitioner- Chatur Sain seeking issuance of a direction to Respondent Nos. 1 & 3, to comply with order dated 24th September, 2018 passed by the Respondent No.2- District Magistrate, District West, 3 - Shivaji Place, Raja Garden, New Delhi-110027 in Case no. 34 of 2017/1731 titled 'Shri Chatur Sain v. Smt. Jayanti Khanagwal' under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In the said order, the Respondent No.2 had directed that the possession of property bearing No. A1/232, Paschim Vihar, New Delhi- 110063 (hereinafter 'subject property) was to be handed over to the Petitioner.
3. Vide order dated 18th October, 2022, passed in WP(C)No.14709/2022 titled "Jayanti Khanagwal v. Chatur Sain & Ors.", an undertaking was given by the Respondent No. 4 in the present case, i.e., Mrs. Jayanti Khanagwal that she would vacate the subject property within three weeks from the date of the order. The relevant observation of the said order is set out below:
"3. The Court also notes that the senior citizen, the first respondent here, had independently petitioned this Court by way of W.P.(C) 12613/2022 airing a grievance that despite the order of 24 September 2018, the respondents had not enforced the same. Taking cognisance of the aforesaid complaint, the Court on 01 September 2022 had proceeded to frame peremptory directions for the aforesaid order being duly executed. On 11 October 2022, when the aforesaid writ petition was taken up for review, the Court was informed that although the authorities did make an attempt to execute the order of 24 September 2018, the same could not be completed on account of resistance put up by the petitioner here. It is only thereafter that the petitioner appears to have chosen to mount the instant challenge.
4. Notwithstanding the above and bearing in mind the fact that the petitioner is staying alone in the premises in question along with an eleven year old child, the Court is of the opinion that the ends of justice would warrant reasonable time being accorded to her to vacate the premises in question and to move to another accommodation which is stated to have been purchased and identified by the husband, the respondent No.3 here.
5. Learned counsel appearing for the said respondent has placed for the perusal of the Court a copy of an Agreement to Sell dated 09 March 2021 in respect of a property situate in Build-up upper ground floor in property bearing Nos.62 and 63, Khasra No.9/10, Shiv Vihar Block-B, Nilothi Extn. New Delhi- 110041 and submits that he shall accompany and facilitate the petitioner moving into the aforesaid premises which are owned by him. Learned counsel for the petitioner submitted that if respondent No.3 were to make appropriate arrangements for her stay in the identified premises, she would have no objection to vacate the premises in question and give up the challenge to the impugned orders.
6. In view of the aforesaid, the Court closes the instant proceedings with the direction that the petitioner shall duly vacate the premises in question not later than within three weeks from today. The third respondent shall duly facilitate the movement and shifting of the petitioner to the premises which are owned by him and make appropriate arrangements for the residence of the petitioner and her child. Respondent No.3 shall also provide all property related papers to the petitioner to enable her to verify the same and satisfy herself with regard to the interest which is stated to be vested and existing in favour of respondent No.3."
4. On 20th December, 2022, ld. Counsel appearing for the GNCTD as also the Tehsildar submitted that the order would be enforced and steps for eviction would be taken. On the said date, the Court had also directed that the enforcement be given effect to and the report be filed at least two weeks before the next date of hearin
