The Punjab and Haryana High Court on Thursday directed Suvir Dewan,son of former Chief Justice Shanti Sarup Dewan,to vacate his parents house in Sector 11 within the next 15 days. He was also directed to pay costs amounting to Rs 50,000 to his father.
The court told the UT SSP to ensure that the house was vacated within the stipulated time. Besides,the court asked the UT Administration to make proper rules to protect the life and property of senior citizens.
A petition had earlier been moved by retired Chief Justice Shanti Sarup Dewan and his wife demanding that their son be asked to shift to their own house in Panchkula. They had also sought police protection and asked the Chandigarh Administration to create a special cell to deal with the complaints of senior citizens and parents traumatised by their children.
Passing the orders on Thursday,a bench of Chief Justice Sanjay Kishan Kaul and Justice Augustine George Masih directed the Chandigarh Administration to bring into force proper rules under Section 32 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act,2007,to protect the life and property of senior citizens. This should include a comprehensive action plan including enforcement mechanism and conferring relevant powers on the District Magistrate or officers subordinate to him. The administration has been given a months time.
The court ruled that in case Suvir applied for stay on eviction in any other court,no relief would be provided to him and he would have to evict the house within the stipulated time of 15 days. We part with the feelings of dismay at the attitude of respondent 7 (Suvir) despite all efforts by the Committee and the Court but with the hope that at some stage sanity would dawn and he would recognise the contribution made by his father including monetarily towards establishing him in an independent house gifted to him, the order said.
In his petition,the former Chief Justice had stated that he and his family were staying on the ground floor of the house. The first floor was occupied by Suvir and his family. Part of the ground floor was used by Suvir as his office. The former CJ claimed that when he wanted to sell his legal books to some institution,Suvir lost his temper and locked the office. It was further stated that he had purchased a separate house in Panchkula and gifted it to his son and he should shift there.
Alleging that their daughters were not allowed to peacefully enter or stay in the house by Suvir,the former CJ and his wife had stated that they did not want any maintenance from their son.
However,Suvir claimed that though his father had bought a house for him in Panchkula,he had also bought two plots of one kanal each for his two sisters. Stating that they already had a share in the property,he claimed that they started eying the house in Chandigarh,and that the misunderstanding between him and his father was created by relatives. Suvir alleged that he and his wife were harassed.
The bench,however,observed that it was clear during the course of arguments that not only Suvir wanted to deprive his father of the opportunity to deal with his property as per his wishes,but also wanted to grab the whole property for himself denying the share of his sisters.