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.