The court fixes July 10 as the date to decide on the maintainability of Chadha’s plea against the cancellation of the bungalow allotment.
In a significant development, a Delhi court has provided interim relief to Aam Aadmi Party (AAP) MP Raghav Chadha, directing the Rajya Sabha Secretariat to refrain from evicting him from a prestigious Type-7 bungalow located in the revered Lutyens’ Delhi area, with effect from today.
Type-7 bungalows are exclusively assigned to lawmakers with prior experience as Ministers, Chief Ministers, or Governors.
Additional District Judge Sudhanshu Kaushik of Patiala House Courts has set July 10 as the date for assessing the maintainability of Chadha’s application against the Rajya Sabha Secretariat’s decision to cancel his bungalow allotment. This ruling comes after a March 3 order raised concerns about Chadha’s occupancy.
During the court proceedings, the counsel representing the Rajya Sabha Secretariat raised objections regarding the maintainability of Chadha’s application.
Following arguments from both parties regarding the maintainability, the court has scheduled July 10 for delivering an order on the matter.
In April, the court had instructed the secretariat not to evict Chadha from the bungalow while the application was pending, emphasizing the significance of due process of law.
The judge refrained from commenting on the plaintiff’s argument concerning the non-cancellation of an allotment made by the Secretariat during an MP’s tenure. However, the judge acknowledged the plaintiff’s claim that dispossession must follow due process of law.
Highlighting Chadha’s current occupancy of a public property, the judge emphasized the Secretariat’s obligation to adhere to due process.
The court also took into consideration Chadha’s submission that the Secretariat’s actions were hasty, and there was a strong likelihood of him being evicted without proper procedure.
Based on the arguments presented, the judge concluded that a prima facie case had been established for issuing directions to prevent Chadha’s eviction from the bungalow without due process.
Conclusion:
Considering Chadha’s accommodation included his parents and the balance of convenience, the court directed the Secretariat not to evict Chadha from the bungalow without due process until the next hearing.
In addition to seeking relief, Raghav Chadha has also filed a compensation claim of ₹ 5.5 lakh against the Secretariat for mental agony and harassment.
This decision by the Delhi court provides temporary relief to Raghav Chadha, enabling him to continue residing in the Type-7 bungalow until the maintainability of his application is determined on July 10.