The Delhi High Court has said the appellate tribunal under the senior citizens welfare law should make all efforts to ensure that the provision mandating its to decide matters within one month is implemented in its true spirit to the extent it is practical.
Justice Tushar Rao Gedela observed the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted to ensure that senior citizens and parents of vulnerable age are not unnecessarily deprived of their shelter and its Section 16 (6) therefore casts an obligation upon the appellate tribunal i.e. Divisional Commissioner to pronounce its order in writing within one month of the receipt of an appeal.
“It is not far to see as to why such a provision was inserted by the legislature. The preamble of the Act itself makes it clear that the said Act is only for the purposes of ensuring that senior citizens and parents, who may be in a vulnerable age and stage of their lives, are not unnecessarily deprived of their shelter. In all probability it is with the aforesaid and above noble cause that the aforesaid Act containing benevolent provisions was promulgated,” the court said in a recent order.
“No doubt that the Sub-Section 6 of Section 16 of the Act places an obligation upon the appellate tribunal to pronounce its order in writing within one month of the receipt of the appeal, the appellate tribunal should make all efforts to ensure that the said provision is implemented in its true spirit to the extent it is practical,” the court stated.
The petitioner in the present case sought directions from the court for early disposal of her appeal before the appellate tribunal against an order passed by the sub-divisional magistrate concerned.
The court disposed of the petition and requested the appellate tribunal to take up the appeal as soon as practically possible and dispose of the same in accordance with the provisions of Section 16 of the Act, preferably within next three months.
