The main legal point established in the judgment is the right of a senior citizen to occupy specific rooms and common areas of a property under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, and the obligation of the respondents to pay maintenance allowance and provide medical expenses to the petitioner.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition was filed seeking expeditious hearing and disposal of case no. 439/PUSHPLATA/CENTRAL/2021.

3. The background facts of the matter are that the Petitioner is stated to be residing in H. No.-4921/70, Top Floor, Behind Police Station, Daryaganj, Delhi 110002 (hereinafter "subject property") since the last 30 years. The subject property consists of 5 rooms. A complaint dated 14th April, 2021 has been filed by the Petitioner under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 seeking directions to Respondent Nos.3 and 4 to give a portion of the subject property for her use and occupation. Orders are stated to have been reserved in the matter by Respondent No.1 on 6th January, 2022. However, no order has been passed till date. Hence, the present petition has been filed.

4. On 24th March, 2023 when the matter was first listed before this Court, the GNCTD was directed to produce the original record and the Petitioner was directed to place the site plan of the property on record. After perusing the site plan and after hearing submissions, an interim order was passed by this Court in the following terms:

"12. Heard ld. Counsel for the parties and perused the record. From the submissions made on behalf of Respondent no.4 it is clear that some impediments are being sought to be created in order to prevent the mother from moving back into the property. The manner in which the premises is divided shows that each of the parties i.e., the Mother and the two sons were occupying different areas. However, the stand of Respondent no.4 that his wife is separately occupying two rooms i.e., Room 1 and 2 is clearly to take shelter under the guise of shared household for his wife. No submission has been that there is any marital discord between Respondent no.4 and his wife. Thus, the stand that Respondent no.4 and his wife are staying separately in different rooms appears to be a mere excuse to keep the Petitioner ousted from the property.

13. This Court is of the prima facie opinion that the Petitioner/Mother is being kept out of the subject property in a deliberate manner by Respondent No.4. Respondent No.3 has already given a no objection in the mother occupying the premises. Accordingly, as an interim arrangement, it is directed that the Petitioner would be free to move back in the premises and enjoy exclusive peaceful occupation of rooms 2 and 3 along with bathrooms 1 and 2, kitchen 3, and use of all the common areas including the Hall, staircase, Balconies etc.,

14. It is clarified that this shall be a purely interim arrangement subject to the orders that may be passed by the Tribunal. The next date of hearing in the matter before the Tribunal is 17th April, 2023. On the said date, the Tribunal shall hear the parties and pass orders within a month.

15. It is made clear that the Petitioner shall not be obstructed or hindered in her peaceful living in any manner. The Respondents shall not prevent the Petitioner from entertaining other family members and relatives including her own daughter, her grandchildren, etc. in the subject property.

16. Ld. counsel for the GNCTD shall sent this order to the SHO concerned to ensure compliance."

5. In addition, a concern was expressed by the Court that the Tribunal which had reserved orders on 6th January, 2022 has failed to pass any orders and the petition continues to remain pending before the Maintenance Tribunal. In view thereof, the following directions were issued in respect of the case to the Tribunal:

"Hearing of the case before the Tribunal

17. The perusal of the original record in the matter shows that the matter has been heard from time to time before the Tribunal from 15th July, 2021 onwards. On 6th January, 2022 the following order was passed:

"Physical hearing dispensed with due to rising Covid-19 cases. Matter is at final arguments stage. Arguments put up by both the