The Supreme Court has affirmed that tribunals established under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 possess the authority to order the eviction of individuals from properties. This ruling is aimed at ensuring the maintenance and protection of senior citizens when necessary. The decision underscores the legal framework supporting the rights of older adults in India, emphasizing their welfare and safety in living arrangements.
The district magistrate upheld the order and directed the son and his wife to hand over possession of the premises. The Supreme Court set aside both high court orders and restored the eviction orders passed by the authorities under the Act. It noted that subsequent two-judge benches had reiterated the same position.
Section 27 expressly bars the jurisdiction of civil courts While Section 7 provides for constitution of tribunals and Section 8 empowers them to conduct inquiries through a summary procedure with powers of a civil court. The sub-divisional magistrate ordered the son’s eviction in November 2022, holding that the premises was Gupta’s self-acquired property. The Allahabad High Court , however, subsequently quashed the eviction orders, holding that authorities under the 2007 Act did not have the power to order eviction. It reiterated the view while dismissing Gupta’s review petition in January 2024. The court also relied on earlier judgments, including the three-judge bench ruling in S Vanitha Vs Deputy Commissioner (2021), to hold that eviction may be ordered where it is necessary and expedient to ensure the maintenance and protection of a senior citizen or parent.
The court said the power to order eviction flows from the statutory scheme itself. “On this analogy, we have no hesitation in holding that the tribunal under the Act has power to order eviction in order to ensure the maintenance or protection of a senior citizen,” the bench held in a recent order.
