DODA, Oct 22: In a significant decision aimed at protecting the rights and dignity of senior citizens, the Appellate Tribunal, Doda, has ordered the eviction of a son and daughter-in-law from portions of a senior citizen’s self-acquired property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The order underscores the importance of implementing welfare legislation effectively to safeguard the property, dignity and well-being of elderly persons and enable them to live with security and peace.
The Appellate Tribunal, Doda, is presided over by Krishan Lal, District Magistrate, Doda, with Mohd. Aslam, Additional Superintendent of Police, Doda, and Anil Kumar Thakur, Additional Deputy Commissioner/Additional District Magistrate, Doda, serving as members.
The Tribunal passed the order while deciding an appeal against an earlier decision of the Maintenance Tribunal, Doda, which had declined to grant eviction relief. After examining the case record and the applicable legal provisions, the Appellate Tribunal modified the earlier order and directed the respondents to vacate the portions of the senior citizen’s self-acquired property occupied by them and hand over possession to the appellant.
The Tribunal also directed the Tehsildar, Doda, to take the necessary steps to implement the order in accordance with the law and prescribed procedure.
The appeal was argued on behalf of the appellant by Advocate Asif Nawaz Banday, who presented legal submissions in support of the relief sought, relying on relevant statutory provisions and judicial precedents concerning the protection and welfare of parents and senior citizens.
The Tribunal functions under the district-wise appellate mechanism established through Government Notification S.O. 49, dated February 4, 2022, issued by the Social Welfare Department of the Government of Jammu and Kashmir.
The decision brings renewed attention to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which was enacted to provide more effective provisions for the maintenance and welfare of parents and senior citizens. The legislation also provides a framework for addressing concerns relating to their safety, property and ability to live with dignity.
The ruling highlights the role of statutory tribunals in providing remedies to elderly persons seeking protection of their lawful rights. It also underscores the importance of timely adjudication of grievances so that senior citizens can access relief under the applicable legal framework.
The order is particularly relevant to discussions on the protection of elderly people who face property-related disputes within families. Access to effective legal remedies can help senior citizens safeguard their interests and avoid prolonged uncertainty over their living arrangements and property rights.
The proceedings also highlight the importance of coordination between statutory authorities and the administration in implementing tribunal orders in accordance with the law.
The decision reinforces the need for continued efforts to ensure that the objectives of welfare legislation translate into meaningful protection for elderly citizens, allowing them to live with dignity, security and peace of mind.