BASANT KUMARI SIKKA Vs. MAINTENANCE TRIBUNAL AND ORS.

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 19.08.2019 passed by the District Magistrate (East), acting as the 'Tribunal' under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the 'Act'), in Eviction Petition No.126/2019, Smt.Basant Kumari Sikka v. Sh. Hema Sikka.

(2.) It is the case of the petitioner that the complaint before the Tribunal was filed under Section 23 of the Act and in terms of the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 as amended from time to time (hereinafter referred to as the 'Rules'), the Presiding Officer of the Tribunal had to be the Additional District Magistrate and not the District Magistrate and therefore, the Impugned Order has been passed by an authority who had no jurisdiction.

(3.) The learned counsel for the respondent no.1 does not dispute the above position, however, submits that the petitioner had participated in such proceedings and even filed an appeal challenging the order impugned in the present petition. He submits that even otherwise, the District Magistrate is the Appellate Authority in terms of the Notification dated 11.02.2011 issued under Section 15(1) of the Act and Rule 3(3) of the Rules and therefore, he is discharging functions both as the Tribunal and also the Appellate Authority in varying situations. He submits that in the present case, as the District Magistrate has passed the present order, the Divisional Commissioner can act as an Appellate Authority.