Delhi High Court held that, Appeals can be filed by any ‘affected person’ under MWPSC Act and applicable Rules in Delhi in cases of maintenance and eviction of son, daughter or any legal heir to their property.
From Para 4
4. A large number of writ petitions are filed before this Court challenging orders passed under the Act, as also the Rules. There appears to be some confusion as to which orders are appealable, to which forum and by whom. In order to properly appreciate the scheme of the Act and the Rules thereto, it is necessary to set out the provisions which are applicable separately qua maintenance and eviction proceedings.
From Para 15, 16 and 17,
15. As per the above Rules, a senior citizen can approach the Deputy Commissioner/DM seeking eviction of the son, daughter or any other legal heir from his self-acquired property on account of his non-maintenance and ill-treatment. The term ‘self-acquired property’ has been amended to include ’property of any kind’, vide notification dated 28th July, 2017 numbered F.No.40(405)/AmendmentofRulesMAWPSC2007/DD(SS)/DSW/2015-6/1168411712. Thus, the senior citizen can approach the Deputy Commissioner/DM for eviction from any property over which he/she enjoys rights. The title of the senior citizen is checked. A report is submitted by the concerned SDM after verifying both the title as also the facts pleaded. If the Deputy Commissioner/DM is satisfied, then notice is issued to the children/relatives whose eviction is sought and thereafter orders are passed.
16. Under Rule 22(3)(4), an appeal against the order of the Deputy Commissioner/District Magistrate would lie before the Divisional Commissioner, Delhi. Thus, in respect of eviction, the first forum would be the Deputy Commissioner/District Magistrate. A challenge to the order of the Deputy Commissioner/DM would lie before the Divisional Commissioner.
17. The Act and the various Rules and Notifications thereto are not readily available to litigants, as also lawyers, in the form of a separate publication. This may be one of the causes for confusion in filing multiple writ petitions directly against the first order of the tribunal or, in the case of eviction, from the order of the Deputy Commissioner/DM. The said orders would be appealable as explained hereinabove. Thus, lawyers and the litigating public ought to avail of the remedies available to them under the Act and the Rules, as per the narration above.
Finally, Directions were passed.
Rakhi Sharma Vs State and Ors on 5 Mar 202118. Since, in most cases, the appellate forum and the period of limitation is not within the knowledge of litigants and sometimes even lawyers, it is directed that the following two sentences be added at the end of every order passed by the initial forum i.e., the Tribunal under Section 7 of the Act or, in eviction cases, the Deputy Commissioner/DM under Rule 23(3) of the Rules as amended on 19th December, 2016:
For maintenance cases:
“The present order would be appealable, under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Rule 16 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, to the Appellate Tribunal, presided over by the Deputy Commissioner of the concerned District. The period of limitation for filing of appeal is 60 days.”
For eviction cases:
“The present order would be appealable under Rule 22(3)(4) of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, as amended on 19th December, 2016 before the Divisional Commissioner, Delhi. The period of limitation for filing of appeal is 60 days.”
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