Plea filed by Moitra in Delhi HC against Directorate of Estates' notice to vacate home

New Delhi: A petition has been filed by Trinamool Congress leader Mahua Moitra with the Delhi High Court on Thursday against the Directorate of Estates’ notice to vacate the government residence that was given to her but was cancelled after she was expelled from the Lok Sabha.

Moitra filed a court petition in December of last year, appealing the Directorate of Estates' order to cancel her government housing and require her to depart by January 7, 2024.

On January 4, 2024, Justice Subramonium Prasad had asked Moitra to approach the Estates for permission to continue occupation of the government-allotted accommodation, noting that the regulations allowed authorities to grant temporary overstay for residents under exceptional circumstances.

On Tuesday, the Estates issued a notice to Moitra to vacate the bungalow immediately.

Moitra, expelled from the Lok Sabha on December 8, for alleged unethical conduct, challenged the expulsion in the Supreme Court.

As Moitra faces possible eviction, the plea stresses her duty as a Lok Sabha candidate for the 2024 polls.

The instability in accommodation is claimed as a hindrance to her role in engaging with constituents and fellow politicians, especially during the election season.

While the court had asked her to approach the Estates earlier this month, Justice Prasad asked her to submit a request to the Directorate of Estates, and appropriate action would be taken in compliance with the law.

The court had permitted Moitra to withdraw the current petition, stressing the legal requirement of issuing notice to a resident prior to eviction.

The court had affirmed that the government would proceed with eviction in adherence to the law. During the hearing on December 19 last year, Justice Prasad had stressed the significance of the pending Supreme Court decision.

He had said, "The matter is pending before the Supreme Court, and if it decides to accept the interim application and decides to stay, consequences will follow. If you're inviting this court to pass an order, it will directly be impinging on the matter pending in the Supreme Court."

He had further clarified, "Therefore, in any event, the court opens on January 2, 2024. It is listed in Supreme Court on January 3. We'll take up on the 4th."

The petition sought to annul the December 11 order or, alternatively, allow Moitra to retain possession until the 2024 Lok Sabha election results.

The petition argued that the Directorate of Estates' order was premature since the validity of her expulsion is pending adjudication in the Supreme Court.

Living alone in Delhi with no alternative residence, Moitra has urged the court to allow her to continue residing in her current house until the 2024 General Elections, pledging to pay any applicable charges for the extended stay.

With inputs from IANS