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In a significant order aimedat safeguarding the rights and dignity of senior citizens, the AppellateTribunal in Doda has directed the eviction of a son and daughter-in-law fromportions of an elderly citizens self-acquired property under the Maintenanceand Welfare of Parents and Senior Citizens Act, 2007.
The Appellate Tribunal, presided over by District Magistrate Doda, Krishan Lal, JKAS, along with Additional Superintendent of Police Doda, Mohd. Aslam,Additional Deputy Commissioner/Additional District Magistrate Doda, Anil KumarThakur, JKAS, and District Social Welfare Officer Doda, Zubair Ahmed, asmembers, passed the order while hearing an appeal against an earlier decision ofthe Maintenance Tribunal, Doda. The appeal was filed after the Maintenance Tribunal had initially declined togrant eviction relief to the senior citizen. Following a thorough review of thecase records and applicable statutory provisions, the Appellate Tribunalmodified the earlier order and directed the respondents to vacate the portionsof the self-acquired property occupied by them and restore full possession tothe appellant. The Tribunal also directed the Tehsildar, Doda, to take all necessary administrative steps to execute and enforce the eviction order in accordancewith the law and established procedures. The appellant was represented by Advocate Asif Nawaz Banday, who put forward legal arguments supporting the relief sought, citing relevant statutoryprovisions along with judicial precedents on the protection, welfare, andmaintenance of elderly parents. The Appellate Tribunal operates under the district-level appellate framework constituted through Government Notification S.O. 49, dated February 4, 2022, issued by the Social Welfare Department, Government of Jammu and Kashmir. The order highlights the imperative of strictly enforcing the Maintenance andWelfare of Parents and Senior Citizens Act, 2007, which is specifically enactedto safeguard the property rights, dignity, and overall well-being of elderlycitizens. The decision also emphasizes the vital role statutory tribunals play in extending timely legal remedies to senior citizens and ensuring that theirgrievances are resolved within the framework of the law. The ruling serves as a vital reminder of the legal necessity to protect the property rights and personal dignity of elderly persons, ensuring they are ableto live safely and peacefully with the full backing of statutory protections,the Tribunal observed. (ANI)
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