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2020 Supreme(P&H) 5

RAJIV NARAIN RAINA
Simrat Randhawa – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Anupam Gupta, Senior Advocate, with Mr. Bhavnik Mehta, Mr. Ashok Kumar, Mr. Gautam Pathania, Ms. Gurneet Sagoo and Ms. Harmanjit Kaur, Advocates, for the petitioner.; Mr. Atul Nanda, Senior Advocate & Advocate General, Punjab with Ms. Anu Pal, DAG, Punjab, for the State of Punjab.; Mr. Puneet Bali, Senior Advocate with Mr. S.S.Momi, Advocate, for the Respondent; Mr. Baldev Raj Mahajan, Senior Advocate & Advocate General, Haryana, with Mr. Saurabh Mohunta, DAG Haryana, for the State of Haryana.; Mr. Satya Pal Jain, Senior Advocate & Additional Solicitor General of India, with Mr. Brijeshwar Singh Kanwar, Advocate, for the UOI.

JUDGMENTRajiv Narain Raina, J. - Questions of considerable public importance have been raised in this petition which have the potential to affect a large number of cases arising out of 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007' (for short 'the MWPSC Act' or 'the Act') in the matter of "eviction" by the Maintenance Tribunals set up under section 7 of the MWPSC Act. The Act provides 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.

2. The validity of the Punjab Action Plan - 2014 is the centre stage of this case to examine whether it can pass judicial scrutiny tested on several grounds raised by the petitioner which are adverted to below and discussed with the help of precedents and a large number of legal principles addressed to determine the issue/s on a larger canvas which is not judicially travelled before past precedents, as Mr. Anupam Gupta puts it, on the question of eviction and dispossession und

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