DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court
7 months, 1 week ago

DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court

Live Law  

The Uttarakhand High Court on Wednesday observed that an application seeking eviction of the trespasser interfering in the peaceful possession of the senior citizen would be maintainable before the District Magistrates of Uttarakhand under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.Though the Act does not permit the senior citizen to file. The Uttarakhand High Court on Wednesday observed that an application seeking eviction of the trespasser interfering in the peaceful possession of the senior citizen would be maintainable before the District Magistrates of Uttarakhand under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007. Though the Act does not permit the senior citizen to file an application before the District Magistrate seeking eviction of the trespasser, however upon interpreting the Uttarakhand Maintenance and Welfare of Parents and Senior Citizen Rules 2011, the court said that an application filed before the District Magistrate to ensure that the life and property of senior citizens is protected would empower the District Magistrate to even pass a direction to evict the trespasser. The said rules also do not specifically empower the District Magistrate to pass an order of eviction in order to protect the life and property of a senior citizen, however while applying a doctrine of harmonious construction the court said that “the term 'security and dignity' has to be understood in the light of the various objectives of the Act which are to strengthen the concept of social justice by ensuring that the elderly people live a fear-free life.

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History of this topic

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC
3 months ago

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC

Live Law  

The Allahabad High Court has held that an order of eviction sought under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would be subject to the outcome of a suit pertaining to larger issues between the family members, if such suit is filed prior to the application made for eviction under the Act of 2007. a daughter-in-law …

Removing items from elderly parents’ house is harassment: Delhi HC
5 months, 1 week ago

Removing items from elderly parents’ house is harassment: Delhi HC

Hindustan Times  

The Delhi high court has held that the deliberate removal of items by people from the home of their elderly parents not only constitutes economic harassment but also reflects a lack of respect for the rights and possession of the senior citizens. In their petition before the high court, the elderly woman’s children had contended that the order passed under …

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court
2 years, 1 month ago

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to order eviction of children from the houses of their parents. While rejecting arguments advanced to the contrary, the Single Judge Bench of Justice Deepak Kumar Tiwari said, “…this Court does not find any error in the …

Uttarakhand residents break into celebration as SC orders stay on eviction
2 years, 2 months ago

Uttarakhand residents break into celebration as SC orders stay on eviction

Hindustan Times  

The Supreme Court’s Thursday order staying the proposed eviction on the ‘encroached’ railway land in Uttarakhand’s Haldwani has brought relief to the residents of Banbhulpura as they broke into celebrations after weeks of tension and anxiety. Nazreen, a resident of lane number 18 in Banbhulpura, said, “We had fixed our son’s marriage, much before the high court order, for February …

Supreme Court thwarts eviction from Railway land in Uttarakhand’s Haldwani
2 years, 2 months ago

Supreme Court thwarts eviction from Railway land in Uttarakhand’s Haldwani

The Hindu  

The Supreme Court on Thursday stayed a December 20 direction of the Uttarakhand High Court to the Indian Railways and the district administration to use paramilitary forces to evict thousands of poor families occupying railway land in Haldwani district within a week. A Bench of Justices Sanjay Kishan Kaul and A.S. Oka remarked that some of these people have been …

Supreme Court Stays Uttarakhand HC Direction For Haldwani Evictions; Says "50,000 People Can't Be Uprooted In 7 Days"
2 years, 2 months ago

Supreme Court Stays Uttarakhand HC Direction For Haldwani Evictions; Says "50,000 People Can't Be Uprooted In 7 Days"

Live Law  

The Supreme Court on Thursday stayed the order of the Uttarakhand High Court for the removal of occupants in lands claimed by railways in Haldwani, based on which the authorities issued eviction notices to over 4000 families, who claim that they have been residing in the area for years based on valid documents recognized by the government authorities.Taking exception to …

Supreme Court to hear pleas against Uttarakhand HC's Haldwani eviction order today
2 years, 2 months ago

Supreme Court to hear pleas against Uttarakhand HC's Haldwani eviction order today

India Today  

The Supreme Court is likely to hear a batch of petitions on Thursday that challenge the Uttarakhand High Court order based on which evictions were to be carried out on 29 acres of railway land in Haldwani. On December 20, Uttarakhand High Court ordered the removal of encroachments from the railway land in the Banbhoolpura area of Haldwani after giving …

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers
2 years, 5 months ago

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers

Live Law  

The Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizens Act, 2007 while dealing with an application seeking stay in a pending appeal against an eviction order.Justice Yashwant Varma observed that in such cases, the appellate authority would have to consider the nature of …

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court
2 years, 11 months ago

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court

Live Law  

The Kerala High Court has ruled that the power of the Maintenance Tribunal under the Senior Citizens Act is not circumscribed to mere ordering of monthly allowance for the maintenance of senior citizens where their children/relatives refuse to maintain them but to ensure maintenance from their own earnings to lead a dignified life.Justice Murali Purushothaman held that the Maintenance. The …

Mandatory For The DM To Ensure That Life & Property Of Senior Citizens Are Protected: Allahabad High Court
2 years, 11 months ago

Mandatory For The DM To Ensure That Life & Property Of Senior Citizens Are Protected: Allahabad High Court

Live Law  

In a significant assertion, the Allahabad High Court has observed that as per the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and the rules framed by the state government thereunder, 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 …

'Unless Stayed In Any Proceedings, Eviction Orders Must Be Followed': Rajasthan HC In PIL To Remove Encroachments From School Playground
3 years ago

'Unless Stayed In Any Proceedings, Eviction Orders Must Be Followed': Rajasthan HC In PIL To Remove Encroachments From School Playground

Live Law  

The Rajasthan High Court has observed that unless the orders of eviction are set aside or stayed in any proceedings, eviction must follow. As per petitioner, the playground of the school was illegally leased out to large number of the persons by the Gram Panchayat without any authority of law and when complaints were made, the competent authority initiated proceedings …

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders
3 years, 3 months ago

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders

Live Law  

The Bombay High Court has observed that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can pass an order for removal of a person from the senior citizen's property.A division bench comprising Justice Gautam Patel and Madhav J Jamdar endorsed the view expressed by a division bench of the Delhi High Court in …

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act
3 years, 5 months ago

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act

Live Law  

The Punjab and Haryana High Court recently upheld an eviction order passed against a son and his wife at the instance of the father under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.In this case, the father had not transferred the house in question to the son by way of gift or any other deed. The Punjab …

'They Are Licensees At Best' : Calcutta HC Upholds Senior Citizen's Right To Reside In His Own House, Orders Eviction Of Son And Daughter-In-Law
3 years, 7 months ago

'They Are Licensees At Best' : Calcutta HC Upholds Senior Citizen's Right To Reside In His Own House, Orders Eviction Of Son And Daughter-In-Law

Live Law  

The Calcutta High Court on Friday reiterated that the right of a senior citizen to exclusively reside in his own house and also direct the eviction of his son and daughter-in-law if need be, must be viewed from the prism of Article 21 of the Constitution of India. The Court made the aforementioned observations while adjudicating upon a plea by …

Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate
4 years, 5 months ago

Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate

Live Law  

The Allahabad High Court on Thursday directed the District Magistrate, Prayagraj, to resolve a property title/ possession dispute between a former Judge of the Allahabad High Court and his son, within two months. They sought the Court's assistance while submitting that even though the Legislature has enacted the aforesaid laws for protection of senior citizens, no mechanism has been provided …

Senior Citizens Needn't Show 'Ill Treatment' To Seek Eviction of Children From Their Property: Delhi HC [Read Judgment]
4 years, 11 months ago

Senior Citizens Needn't Show 'Ill Treatment' To Seek Eviction of Children From Their Property: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that senior citizens, who seek eviction of their sons or legal heirs from their property, needn't necessarily have to show that they need maintenance or that they have been ill treated by their heirs. Interpreting the social welfare law for senior citizens, the Single Bench of Navin Chawla noted that scope of the proceedings under …

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]
5 years, 9 months ago

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]

Live Law  

The Delhi High Court on Friday dismissed a petition seeking to quash the Rules 22 and 22 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2016 for being ultra-vires the parent Act of 2007 and the Constitution. The bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao noted that section 22 of the Act …

Maintenance Tribunal Can Order Eviction Of Adult Children In Cases Of Parental Abuse: Delhi HC [Read Judgment]
8 years ago

Maintenance Tribunal Can Order Eviction Of Adult Children In Cases Of Parental Abuse: Delhi HC [Read Judgment]

Live Law  

Directions to remove the children from the property are necessary in certain cases like the present to ensure a normal life of the senior citizen, the court said.The Delhi High Court in Sunny Paul vs. State, has held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, amongst other remedies, provides for eviction of adult children in …

Uttarakhand HC Pulls Up State Police For Inaction, Directs Eviction Of Encroachers On Railway Land [Read Judgment]
8 years, 2 months ago

Uttarakhand HC Pulls Up State Police For Inaction, Directs Eviction Of Encroachers On Railway Land [Read Judgment]

Live Law  

The Uttarakhand High Court made its displeasure known over the “shocking” approach of the police authorities in Nainital for failing to provide adequate protection to the railway authorities while executing an order of eviction of encroachers on Railway land.The order for eviction of the encroachers was passed by the high court on November 9, 2016. The Uttarakhand High Court made …

Uttarakhand HC Pulls Up State Police For Inaction, Directs Eviction Of Encroachers On Railway Land [Read Judgment]
8 years, 2 months ago

Uttarakhand HC Pulls Up State Police For Inaction, Directs Eviction Of Encroachers On Railway Land [Read Judgment]

Live Law  

The Uttarakhand High Court made its displeasure known over the “shocking” approach of the police authorities in Nainital for failing to provide adequate protection to the railway authorities while executing an order of eviction of encroachers on Railway land.The order for eviction of the encroachers was passed by the high court on November 9, 2016. The Uttarakhand High Court made …

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]
9 years, 2 months ago

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]

Live Law  

Full Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India has held that eviction order passed under Section 5A of the Public Premises Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Justices Manoj Kumar Gupta and Yashwant Varma held that High Court in the exercise of its. Bench comprising …

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