Delhi High Court Directs Former Rajya Sabha MP Subramanian Swamy To Hand Over Govt Accommodation Within Six Weeks

The Delhi High Court on Wednesday directed former Rajya Sabha MP Dr. Subramanian Swamy to ensure that possession of his government accommodation, allotted to him in 2016 for a period of five years, is handed over to estate officer within a period of six weeks.

Swamy, who has been provided with Z category protection by the Centre, was allotted government accommodation on 15th January 2016 on a license for a period of five years. The said premises was allotted to him on account of the threat perception which was assessed by the Centre.

Swamy then became a member of the Rajya Sabha which term came to an end on 24th April 2022. While Swamy was serving as a member of the upper house, the government accommodation continued to remain and the allotment ultimately came to an end by efflux of time.

Swamy had then moved High Court arguing that bearing in mind the security arrangements which are required to be made for a z category protectee, the accommodation which was originally allotted to him must be continued in his favour.

Disposing of Swamy's writ petition today, a single judge bench comprising of Justice Yashwant Varma was of the view that while the original allotment was made for a period of five years which has now come to an end, no material was shown by Swamy which may mandate and require the allotment of government accommodation to a z class protectee.

On the other hand, Additional Solicitor General Sanjay Jain appearing for the Centre submitted that while Swamy continued to remain a z category protectee, the policy and guidelines which governs such protectees does not obligate the government to also provide them with residential accommodation.

It was also submitted that while the Centre shall continue to extend z category protection to Swamy subject to due periodical review, it will not be possible for the house in question to be reallotted to him.

ASG Jain further submitted that in any case Swamy had his own residential premises to which he can shift and that the relevant protecting agencies shall take all steps in the said premises to ensure Swamy's safety and security.

In this backdrop, the Court noted that all that would be left to be done by the authorities would be to ensure that adequate arrangements are made in Swamy's residential premises which he shall be occupying so that his security is safeguarded.

"Accordingly while the reliefs sought in the writ petition are refused, the writ petition shall be disposed of with the aforesaid observation. The Court further directs the petitioner to ensure that the possession in question is handed over to the estate officer concerned within a period of six weeks from today," the Court ordered.

Regarding the proceedings initiated in terms of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the Court left it open to Swamy to raise all the issues before the estate officer.

The plea was accordingly disposed of.

Title: Dr. Subramanian Swamy v. UOI & Anr. 

Citation: 2022 LiveLaw (Del) 864