Express News Service
NEW DELHI: Aam Aadmi Party (AAP) MP Raghav Chadha on Tuesday approached the Delhi high court against a local court order which held the former has no “vested right to continue to occupy” the government bungalow after its cancellation of allotment.
As the plea was taken up before a bench headed by Chief Justice Satish Chandra Sharma, Chadha’s counsel submitted that the AAP MP had an apprehension about the starting of eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Following the submission, the bench also comprising Justice Sanjeev Narula agreed to list the plea on Wednesday.
On September 8, last year, the MP was allotted a Type VII bungalow at Pandara Road from the Rajya Sabha pool, which was occupied by him since November 2022.
ALSO READ | ‘No vested right’: Court asks AAP MP Raghav Chadha to vacate Type 7 govt bungalow
Last week, Additional District Judge Sudhanshu Kaushik vacated its earlier order that stopped the Rajya Sabha Secretariat from evicting Chadha from his government accommodation.
“Plaintiff (Chadha) cannot claim that he has an absolute right to continue to occupy the accommodation during his entire tenure as a Member of Rajya Sabha. The allotment of Government accommodation is only a privilege given to the plaintiff and he has no vested right to continue to occupy the same even after the cancellation of allotment,” ADJ said the order.
“.. the argument that the accommodation once made to a Member of Parliament cannot be canceled under any circumstances during the entire tenure of Member of Parliament deserves rejection,” the court clarified in the order.
Earlier in June, the Rajya Sabha secretariat was directed by the court not to evict him from a Type-7 bungalow in Lutyens’ Delhi, which is usually allotted to lawmakers who are former ministers, chief ministers or governors, till the pendency of his application and without following the due process of law.
Earlier, Chadha had stated before the local court that the cancellation of the allotment of his Type VII bungalow did not follow due process of law, was arbitrary, and that no reasons were provided for it.
It was claimed by the AAP leader that for removing an MP from the bungalow, reasons must be provided in the letter of allotment. While appealing against the eviction, Chadha had prayed that he was residing with his parents.
NEW DELHI: Aam Aadmi Party (AAP) MP Raghav Chadha on Tuesday approached the Delhi high court against a local court order which held the former has no “vested right to continue to occupy” the government bungalow after its cancellation of allotment.
As the plea was taken up before a bench headed by Chief Justice Satish Chandra Sharma, Chadha’s counsel submitted that the AAP MP had an apprehension about the starting of eviction proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Following the submission, the bench also comprising Justice Sanjeev Narula agreed to list the plea on Wednesday.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
On September 8, last year, the MP was allotted a Type VII bungalow at Pandara Road from the Rajya Sabha pool, which was occupied by him since November 2022.
ALSO READ | ‘No vested right’: Court asks AAP MP Raghav Chadha to vacate Type 7 govt bungalow
Last week, Additional District Judge Sudhanshu Kaushik vacated its earlier order that stopped the Rajya Sabha Secretariat from evicting Chadha from his government accommodation.
“Plaintiff (Chadha) cannot claim that he has an absolute right to continue to occupy the accommodation during his entire tenure as a Member of Rajya Sabha. The allotment of Government accommodation is only a privilege given to the plaintiff and he has no vested right to continue to occupy the same even after the cancellation of allotment,” ADJ said the order.
“.. the argument that the accommodation once made to a Member of Parliament cannot be canceled under any circumstances during the entire tenure of Member of Parliament deserves rejection,” the court clarified in the order.
Earlier in June, the Rajya Sabha secretariat was directed by the court not to evict him from a Type-7 bungalow in Lutyens’ Delhi, which is usually allotted to lawmakers who are former ministers, chief ministers or governors, till the pendency of his application and without following the due process of law.
Earlier, Chadha had stated before the local court that the cancellation of the allotment of his Type VII bungalow did not follow due process of law, was arbitrary, and that no reasons were provided for it.
It was claimed by the AAP leader that for removing an MP from the bungalow, reasons must be provided in the letter of allotment. While appealing against the eviction, Chadha had prayed that he was residing with his parents.
