The Single Bench of the Delhi High Court in the case of Virender Singh vs PR Secretary Cum Divisional Commissioner & Ors. consisting of Justice Yashwant Varma expounded factors to be considered by the appellate authority while dealing with applications regarding stay on eviction orders.
Facts
This writ petition was directed against an order by the Divisional Commissioner rejecting an application for stay in an appeal which had been preferred against the original order passed by the District Magistrate. That order made under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“the 2007 Act”) was based on serious allegations of harassment and ill-treatment which were found to be duly established and proved by the Sub-Divisional Magistrate in his report. On the basis thereof, the District Magistrate had proceeded to frame directions for the eviction of the petitioner and the other respondents there.
Observations of the Court
The Bench noted that while in the case of ordinary civil litigation, the issue of grant of stay is governed by the principles of prima facie case, balance of convenience and irreparable loss with courts bearing in mind the need to preserve the rights of parties inter se during the pendency of proceedings, the primordial consideration in proceedings under the 2007 Act is the necessity to protect and secure the life and property of the complainant senior citizen/s.
While dealing with an application for stay that may be made in a pending appeal under the 2007 Act, the appellate authority would have to necessarily take into consideration the nature of evidence that was placed before the Tribunal and constrained it to frame orders for eviction. If it finds that the order of eviction is predicated upon cogent and reliable material that evidences harassment and ill-treatment, the ends of justice may warrant the order of eviction being permitted to run its course and the offending parties being required to remove themselves from the premises till such time as the appeal is decided.
It also noted that ultimately it would be the facts of each case which would merit examination and evaluation in order to guide the exercise of the power to stay as conferred upon the appellate authority. All that the Court seeks to emphasize is that the power to grant interim stay is not to be exercised mechanically or as a matter of rote. The mere fact that the appeal has been entertained would also not and necessarily warrant the order of the Tribunal being placed in abeyance. The power to grant interim relief would ultimately have to be left to the sound and judicious discretion of the appellate authority.
In the facts of this case, it noted that the conclusions with respect to harassment and ill treatment which came to be recorded by the SDM and formed the basis for the order of the Tribunal were neither questioned nor assailed. So, it found no justification to interfere with the order impugned.
Judgment
The Bench consequently dismissed the writ petition.
Case: Virender Singh vs PR Secretary Cum Divisional Commissioner & Ors.
Citation: W.P.(C) 14149/2022
Bench: Justice Yashwant Varma
Decided on: 6th October 2022
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