Delhi High Court To Hear Tomorrow AAP MP Raghav Chadha's Plea Against Cancellation Of Govt Bungalow

The Delhi High Court will hear tomorrow the petition filed by Aam Aadmi Party MP Raghav Chadha challenging a letter issued by the Rajya Sabha Secretariat last year cancelling allotment of his government bungalow.

The matter was heard today by a division bench comprising Justice Yashwant Varma and Justice Dharmesh Sharma.

Senior Advocate Abhishek Manu Singhvi sought time to amend the prayer clause in the plea to challenge an order passed by the trial court on November 26 that dismissed Chadha's interim injunction application in his civil suit.

The trial court had held that there was no legal justification to permit Chadha to retain the accommodation. It had also vacated the injunction or stay order, directing the Rajya Sabha Secretariat to not dispossess Chadha.

During the hearing today, the bench orally asked Rajya Sabha's counsel as to what was the imperative to vacate the injunction order.

“…one of the reliefs claimed is, with respect to a threat of eviction, what was the imperative to vacate the injunction which was operating? He is not against the order,” the Court said.

The counsel then responded that Chadha cannot challenge the trial court order in a writ petition and that his petition was not an appeal against the trial court order. However, the bench said that Chadha can do so even in the present proceedings.

Accordingly, Singhvi sought permission to amend the prayer clause of the petition to challenge the order in question.

The trial court had held that Chadha has already been allotted Type-VI accommodation in sync with the Guidelines for Allotment.

Chadha has now moved the High Court challenging the letter issued by the Director of Rajya Sabha Secretariat on March 03, 2023, cancelling allotment of his government bungalow and allotting another accommodation to him.

In the interim, Chadha has also sought directions on the authorities to refrain from taking any action under or pursuant to the Cancellation Letter.

About the Case

Last year, an Additional District Judge had vacated an interim order directing the Rajya Sabha Secretariat to not dispossess Chadha from the government bungalow without due process of law.

The trial court had held that Chadha had no vested right to continue to occupy the government bungalow after its allotment has been canceled and the privilege given to him has been withdrawn.

The trial court had also rejected Chadha's 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.

A single judge bench of Delhi High Court had then allowed Chadha's appeal against the trial court order. It was directed that the trial court shall proceed with Chadha's suit in accordance with law.

Title: Raghav Chadha v. Union of India & Ors.