Govt Bungalow Row: Delhi High Court Reserves Judgment In AAP MP Raghav Chadha’s Plea

Justice Anup Jairam Bhambhani reserved the order after hearing Senior Advocate Abhishek Manu Singhvi appearing for Chadha and ASG Vikram Banerjee for the Rajya Sabha Secretariat.

Detailed submissions were made by both the sides yesterday. Today, the court reserved its order after hearing rebuttal submissions on behalf of Chadha and the Rajya Sabha Secretariat.

ASG Banerjee also told court that he will submit a brief synopsis of his submissions by tomorrow evening. “Hearing is completed. Judgment is reserved,” the court said.

Singhvi submitted that Chadha is directed to appear before the Estate Officer in the proceedings initiated under Public Premises Act tomorrow. He submitted that Chadha proposes to request the Estate Officer to defer the proceedings since the judgment in the matter has been reserved.

“The statement is taken on record,” the court said.

Yesterday, Singhvi had submitted that Chadha is selectively targeted in being evicted from the government bungalow allotted to him when there are other first time MPs as well with identical accommodation above their entitlement.

He also said that Chadha’s suspension from Rajya Sabha has nothing to do with the cancellation of the government bungalow. He told court that while the cancellation happened in March, he was suspended only in July.

Furthermore, Singhvi had submitted that it is neither a case of overstaying in the accommodation nor about fresh allotment. He said that it is a case where the bungalow was allotted after “exercise of full application of mind” by the Vice President in September last year, followed by its acceptance by Chadha.

About the Case

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to occupy the government bungalow after its allotment has been canceled and the privilege given to him has been withdrawn.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 03cancelling 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.

Title: Raghav Chadha v. Rajya Sabha Secretariat