Point of Law : Power vested in the District Magistrate vide Rule 21 does not extend to potential claims in respect of property where title, interest or possession needs determination/adjudication.

JUDGMENT :

Vikram D. Chauhan, J.

1. The present writ petition has been filed by the petitioner seeking direction to the District Magistrate, Azamgarh to demolish the illegal encroachment made over the petitioner’s adjoining land and hand over the possession in favour of the petitioner.

2. The petitioner claims to be a widow lady having no source of protection of life and liberty and, as such, has moved an application under the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, to the District Magistrate, Azamgarh, to take action in respect of the land of the petitioner and to evict the private respondent no.5 from the land in question. The application filed by the petitioner before the District Magistrate, Azamgarh is filed by the petitioner as Annexure 1 to the writ petition. A bare perusal of the above-mentioned application of the petitioner before the District Magistrate would demonstrate that it is the case of the petitioner that she is residing at Mumbai along with her family and is permanent resident of the village in which the land in question is situated. It is also stated by the petitioner that during the absence of the petitioner from the village, the neighbour of the petitioner being respondent no 5 has illegally taken possession of the land of the petitioner adjoining the residence of the petitioner in the village and post– karia gopalpur, Police Station–Devgaon, District– Azamgarh, Uttar Pradesh.

3. Heard learned counsel for the petitioner and learned standing counsel for the respondent-State.

4. It is submitted by learned counsel for the petitioner that the petitioner has moved an application before the District Magistrate, seeking eviction of private respondent no.5 from the land adjoining the residence of petitioner. It is also submitted that the petitioner is living with her family at Mumbai and during her absence, neighbour has taken possession over the land adjoining the residence of petitioner. It is submitted on behalf of learned counsel for the petitioner that The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to “Act of 2007”) has been enacted by the legislature providing for welfare & protection to the senior citizens and parents. It is also submitted by learned counsel for the petitioner that under the aforesaid Act of 2007, the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014 (hereinafter referred to “Rules of 2014”) has been framed and under Rule 21 of the Rules of 2014, the District Magistrate is enjoined with the duty to ensure that the life and property of senior citizens of the district is protected and they are able to live with security and dignity. It is further submitted by learned counsel for the petitioner that under Rule 22 of the Rules of 2014, an action plan for the protection of life and property of senior citizen has been envisaged and on the aforesaid basis, petitioner seeks direction for ejection of the private respondent from the land in question.

5. Before considering the claim of the petitioner arising out of the present writ petition, it is necessary that the scheme of the Act of 2007 be examined.

6. The Act of 2007 is enacted with the object to provide 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. The statement, objects and reasons of the aforesaid Bill is as under :-

“Traditional norms and values of the Indian society laid stress on providing care for the elderly. However due to withering of the joint family system, a large number of elderly are not being looked after by their family. Consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support. This clearly reveals that ageing has become a major soc