AAP MP Raghav Chadha Moves Delhi High Court Against Order Paving Way For His Eviction From Govt Bungalow

Aam Aadmi Party MP Raghav Chadha on Tuesday moved the Delhi High Court challenging the trial court order which granted nod and paved way for the Rajya Sabha Secretariat to evict him from a government bungalow.

The matter was mentioned before a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula which allowed it for listing tomorrow.

Last week, 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.

The trial court held that 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to occupy the government bungalow after its allotment has been canceled and the privilege given to him has been withdrawn.

“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 had said.

The trial court 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 had 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 had 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.