Sunday, June 23, 2024

Delhi court stays RS Secretariat's order evicting Raghav Chadha from official bungalow

PUNJAB NEWS LINE | June 08, 2023 06:17 PM

NEW DELHI: In interim relief to Aam Aadmi Party (AAP) MP Raghav Chadha, a Delhi court has directed the Rajya Sabha Secretariat to refrain from evicting him from a Type-7 bungalow in Pandara Road, which falls under Lutyens' Delhi.

These bungalows in question are allocated to lawmakers who have served as Ministers, Chief Ministers, or Governors.

Additional District Judge Sudhanshu Kaushik of Patiala House Courts said that it will, on July 10, determine the maintainability of Chadha's application against the Rajya Sabha Secretariat's decision to cancel the bungalow's allotment to him, following an order issued on March 3.

During the proceedings, counsel representing the Rajya Sabha Secretariat objected to the maintainability of Chadha's application.

After hearing arguments from both sides regarding maintainability, the court set July 10 as the date for issuing an order.

In April, the court had directed the secretariat not to dispossess Chadha from the bungalow during the pendency of the application without due process of law.

The judge stated that he would not comment on the argument put forth by the plaintiff regarding the non-cancellation of an allotment made by the Secretariat during an MP's entire tenure, but acknowledged the plaintiff's claim that a person cannot be dispossessed without following the due process of law.

The judge noted that Chadha was occupying a public premises and that the Secretariat was obligated to follow the due process of law.

Chadha's submission that the Secretariat was acting hastily and there was a strong likelihood of him being dispossessed without following the due process of law was also taken into consideration.

The judge concluded that a prima facie case was established for issuing directions to prevent Chadha from being dispossessed from the bungalow without due process of law.

He further stated that the balance of convenience favored Chadha, as he was residing in the accommodation with his parents. Thus, the court directed the Secretariat not to dispossess Chadha from the bungalow without due process of law until the next hearing.

Chadha has also sought compensation of Rs 5.5 lakh from the secretariat for the mental agony and harassment caused.


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