HC strikes down Punjab procedure allowing DMs to evict kin on complaint of the elderly THE PUNJAB and Haryana High Court has struck down some clauses of The Punjab Action Plan, ivencase coque huawei y5 2019 2014, which lay down the procedure for eviction of a person on orders of a District Magistrate (DM) from property of a senior citizen. The court held the clauses as unconstitutional and ultra vires the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2008 coque bague p30 lite huawei and the Punjab Maintenance Welfare coque samsung falaxy core prime of Parents and Senior Citizens Rules, coque huawei p30 lite transparente avec dessin 2012. “The Action Plan in eviction is unfair, arbitrary, unreasonable and oppressive as against family member and is excessive and therefore unconstitutional. coque iphone It cannot be used as a tool for eviction and (is an) abuse of the process of coque samsung rex 70 s3800w the law,” reads a 148 page verdict in the case regarding eviction powers of magistrates in Punjab, adding the heart of the court must go out to the senior citizens in distress but it cannot at the same time remain unmindful of the law as it stands. In a decision, which will take away the powers of eviction from the Executive in the matters of conflict between senior citizens and their relatives, Justice Rajiv Narain Raina has said that the Action Plan arbitrarily introduces a foreign concept to the scheme of the Act, adding, “that is ‘eviction’ or ejectment [in this case, of the daughter in law] and is therefore, declared arbitrary, unreasonable, oppressive, harsh and unconstitutional”. coque samsung The court further said that the principle would also apply to the Haryana Action Plan, 2015 as it is a mirror image of Punjab’s 2014 plan. iphone case The 2012 Act was aimed at casting an obligation on the persons who inherit the property from their aged relatives to look after them and provides for creating coque samsung galaxy s3 jordan Maintenance Tribunals to decide on grievances of the senior citizens and for grant of maintenance, with further remedies of challenge before the Appellate Tribunal and courts under Article 226 and 227. coque huawei coque samsung The Act also allows a state government coque samsung galaxy s4 les minions to prescribe an action plan for providing protection of life and property of senior citizens. bijoux pas cher It was done by Punjab in 2014 giving the powers of eviction on complaint of senior citizens to the DMs under clauses 1,2 and 3 of the Action Plan. iphone 11 case Restoring the power to the civil courts, the meilleur coque samsung galaxy s7 edge single bench has further said the Plan is contrary to the doctrine of the Rule of Law and Separation coque samsung s7 edge originale of Powers as the basic features of the Constitution of India and thus “violates oppressively Articles 14 and 300A against those who possess tangible and intangible rights that can be determined only by the civil court.” Article coque samsung s7 edge sword art online 300A deals with the property rights of a person. Observing that the 2014 Plan at the most in legal status is equal to a notified government order which gave power to the DMs in the capacity of a Maintenance Tribunal, the court coque samsung galaxy s5 pompier has said same is beyond the powers delegated by Parliament in the Act. It also said the Action Plan does not have any statutory backing and also has not been issued in the coque samsung s8 clapet name of the Governor or placed in the Assembly. coque huawei Rejecting the argument that anyone aggrieved of the Tribunal’s orders has a remedy of writ jurisdiction as a safeguard against illegal and erroneous orders, the court has said the remedy of civil suits under the Code of Civil Procedure is more wholesome than the writ jurisdiction as the remedy comes into play after eviction when “enforcement of the order is also in the hands of the executive with the police at is command. coque samsung Observing that the Parliament never contemplated a drastic situation like eviction in the Act and expressly limited itself to maintenance rights and protection of reversing property transfers for welfare of senior citizens against apathy of children inflicting physical and coque samsung galaxy grand plus musique emotional neglect on their parents in old age, the Court has said the law is “awfully complex” and errant laws can often compound it. coque huawei “A family’s own special needs, circumstances and expectations of each other are variables and their station in life, their social standing, their financial position can be vastly different that they cannot be measured on the same scale and with one brush of a heartless Government order in the Action Plan which Parliament did not devise,” the order reads. coque iphone The verdict coque samsung j7 antichoc also observes that Punjab government may actually have done a disservice to the senior citizens by introducing the concept of eviction in the Action Plan. bijoux personnalise Centre in a reply to the coque samsung s9 harry potter court had said the Punjab Action Plan is not in conformity with the central Act as no such eviction is contemplated huawei p30 coque fleur rose under the parent law. goed hoesje “In no other case brought to my notice has such an affidavit come on record in this court,” Justice Raina has said.