New Delhi: In interim relief to Aam Aadmi Party (AAP) MP Raghav Chadha, Delhi’s Patiala House Court has stayed the Rajya Sabha Secretariat’s order cancelling the allotment of Type-7 bungalow in Pandara Road, Lutyens' Delhi to him.
The bungalows are usually allotted to lawmakers who are former ministers, chief ministers or governors. The court in its interim order directed that Chadha, who is staying there at the bungalow with his parents shall not be dispossessed from the bungalow without due process of law.
Additional District Judge Sudhanshu Kaushik of Patiala House Courts said that it will on July 10, determine the maintainability of Chadha's application against the March 3, 2023 order of Rajya Sabha Secretariat to cancel the bungalow's allotment to him.
During the proceedings, counsel representing the Rajya Sabha Secretariat objected to the maintainability of Chadha's application. Nobody from the Rajya Sabha secretariat was immediately available for comments on the judicial order and the MP's petition.
The court had in April directed the secretariat not to dispossess Chadha of the bungalow till the pendency of the application “without due process of law”.
The judge stated that he would not comment on the argument put forth by the plaintiff regarding the non-cancellation of an allotment made by the Secretariat during an MP's entire tenure, but acknowledged the plaintiff's claim that a person cannot be dispossessed without following the due process of law.
The judge noted that Chadha was occupying public premises and that the Secretariat was obligated to follow the due process of law.
Chadha's submission that the Secretariat was acting hastily and there was a strong likelihood of him being dispossessed without following the due process of law was also taken into consideration.
The judge concluded that a prima facie case was established for issuing directions to prevent Chadha from being dispossessed from the bungalow without due process of law.
He further stated that the balance of convenience favored Chadha, as he was residing in the accommodation with his parents. Thus, the court directed the Secretariat not to dispossess Chadha from the bungalow without due process of law until the next hearing.
Chadha has also sought compensation of Rs 5.5 lakh from the secretariat for the mental agony and harassment caused.