AAP MP Raghav Chadha Has No Vested Right To Occupy Govt Bungalow After Cancellation Of Allotment: Delhi Court

A Delhi Court has said that Aam Aadmi Party MP Raghav Chadha has 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to occupy the government bungalow after its allotment has been canceled and the privilege given to him has been withdrawn.

Additional District Judge Sudhanshu Kaushik of Patiala House Courts vacated an interim order passed on April 18 directing the Rajya Sabha Secretariat to not dispossess Chadha from the government bungalow without due process of law.

“Plaintiff (Raghav 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,” the court said.

The judge was hearing a review application filed by the Rajya Sabha Secretariat seeking recall of the interim order. The development ensued in a suit filed by Chadha against the Secretariat challenging a letter issued on March 03 cancelling the accommodation allotted to him.

While seeking recall of the interim order, the Secretariat contended that the court granted the interim relief to Chadha without following the procedure contemplated under Section 80(2) of CPC. It was submitted that a hearing was required to be given to both sides before granting the leave under the provision.

Vacating the interim order, the court 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.

“…it is an inescapable conclusion that for the purpose of determining whether an application should be granted under Section 80(2) of CPC, the Court is supposed to give hearing to both the sides and consider the nature of the suit and urgency of the matter before taking a final decision and till a final order is passed granting the said application, the irregularity in filing of the suit continues,” the court said.

The judge noted that the notice of the application under Section 80(2) of CPC was issued to the Secretariat and simultaneously interim relief was granted to Chadha that he would not be dispossessed from the accommodation without due process of law.

The court observed that Chadha failed to demonstrate that any urgent or immediate relief needs to be granted for which leave could be granted under Section 80(2) of CPC.

“This is certainly an error apparent on the face of the record and the same needs to be corrected. Accordingly, the order dated 18.04.2023 stands recalled and the interim order stands vacated,” the court said.

It added, “Since, no urgent or immediate relief needs to be granted in the present suit, therefore, the plaint is returned for presentation after complying with the requirement of Section 80(1) of CPC.”

Advocate Prashant Manchanda appeared for plaintiff.

CGSC Sandeep Kumar Mahapatra (Standing Counsel, Rajya Sabha) with Advocates Sugam Kumar Jha, Osheen Verma, Kritika Sharma, Harsh Raj and Raghav Tandon appeared for defendant.