(1.) Questions of considerable public importance have been raised in this petition which have the potential to affect a large number of cases arising out of 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007' (for short 'the MWPSC Act' or 'the Act') in the matter of "eviction" by the Maintenance Tribunals set up under Sec. 7 of the MWPSC Act. The Act provides for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto.
(2.) The validity of the Punjab Action Plan - 2014 is the centre stage of this case to examine whether it can pass judicial scrutiny tested on several grounds raised by the petitioner which are adverted to below and discussed with the help of precedents and a large number of legal principles addressed to determine the issue/s on a larger canvas which is not judicially travelled before past precedents, as Mr. Anupam Gupta puts it, on the question of eviction and dispossession under the Action Plan, the legal validity of which is challenged on the ground of it being manifestly arbitrary and ultra vires the Act itself and the Rules framed there under as they are inconsistent with the scheme, objects and purposes of the MWPSC Act which was to establish only a Maintenance Tribunal to carry out the purposes of the Act in which eviction was not part of the enacted social policy.
(3.) The mischief sought to be tackled by parliament due to withering of the joint family system gave birth to the MWPSC Act is contained in the Statement of Objects and Reasons in the Bill. It would be useful to revisit those declarations as the backdrop for the determination of a limited issue raised by the petitioner regarding the validity of the Punjab Action Plan, 2014 notified under the Act and rules introducing the concept of eviction for the first time outside the common law. They are reproduced:-
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