The Allahabad High Court has observed that a Magistrate is mandated by Senior Citizen Act to ensure protection to their life and property so as they are able to live with security and dignity.
The single-judge Bench of Justice Pankaj Bhatia held that Maintenance and Welfare of Parents and Senior Citizens Act 2007 recognizes the vulnerable position of such citizens in the society and it intends to provide a mechanism to avoid their suffering and to ensure that the life and property of the senior citizen are secured and they are able to live in security and dignity.
The petitioners herein (son and daughter-in-law) has alleged that that the respondent (elderly) was mentally harassing the daughter-in-law while they were residing with her. An FIR to that effect has also been lodged under Section 147, 323 IPC.
Consequently, the elderly filed an application under Section 4/5 of the Senior Citizen Act alleging that the she was being harassed by the petitioners. Several allegations of taking liquor were also levelled against the son. After referring various instances regarding the act of the daughter-in-law, the elderly felt insecure and moved the application for eviction of the petitioners from the house.
In response to the said application, a reply was filed by the petitioner denying the allegations levelled. On the basis of the averments made, a statement was also given by the elderly to the effect that she was ready and willing to offer for a residence to the petitioners over the another plot situated at Itaunja, District Lucknow.
In view of the above, an order came to be passed on 01.02.2021 directing the petitioners to vacate the house of the elderly on the ground that within two years, the elderly shall raise construction over the vacant plot and gave the same to the petitioners.
Aggrieved, the petitioner has challenged the said order.
The Counsel for the petitioner argued that Additional District Magistrate who passed the order has no jurisdiction to pass an order of eviction under Section 4/5 of the Senior Citizen Act that too in the summary proceedings.
The Court was to decide whether the order passed impugned in the writ petition are justified or not?
It noted at the outset that Senior Citizen Act 2007 was framed with a view to provide for maintenance and welfare of the parents and the senior citizen which is directly recognized and guaranteed under the Constitution of India and all matters incidental thereto.
Rule 21 of the Rules framed under Senior Citizen Act provides the duty and powers of the District Magistrate and it is mandatory for the District Magistrate to ensure that the life and property of the senior citizen are protected and they are able to live with security and dignity, the Court pointed out.
Thus, the act recognizes the vulnerable position of the senior citizen in the present society and intends to provide mechanism to avoid their suffering and to ensure that the life and property of the senior citizen are secured and they are able to live in security and dignity, the Court opined.
Noting that in terms of the power conferred on the District Magistrate and the pleadings on record clearly demonstrate that the elderly had justifiable apprehension to the threat or security in case the petitioners are continued to stay in the property in question, the Court dismissed the writ by the petitioners.
"The bona fide of the respondent no.2 are further clear, inasmuch as, she has offered to provide for an alternative accommodation to the petitioners despite therebeing no legal requirement to do so. The order impugned also directs the eviction subject to the respondent no.2 providing for alternative accommodation as offered by her with the construction raised thereupon within a period of two years."
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