New Delhi: A Delhi court on Thursday quashed the interim order that had restrained the Rajya Sabha Secretariat from evicting Aam Aadmi Party (AAP) MP Raghav Chadha from the Type VII bungalow allotted to him in July last year, noting that They have no inherent right to continue occupying it. After this the allotment of the premises was cancelled.
The court was hearing a review application filed by the Rajya Sabha Secretariat seeking withdrawal of the interim order. Chadha had filed an application against the secretariat, challenging a letter issued on March 3 canceling the accommodation allotted to him.
Justice Sudhanshu Kaushik termed the allotment a privilege, saying, “…the plaintiff (Raghav Chaddha) has no vested right over the residence and his status is akin to that of a licensee, which can be canceled by the competent authority at any time.” Which can be removed anytime.
The court further said that the AAP MP failed to provide promptness in seeking interim relief. Justice Kaushik also said that the court should give time to both the parties to argue to decide the urgency of the matter.
Chadha had earlier filed an application saying that the cancellation of allotment of his Type VII bungalow on Pandara Road in New Delhi, without following due process of law, was arbitrary and no reason was given for the same. He also said that for removing an MP from the bungalow, reasons will have to be given in the allotment letter. Chadha further said that he would suffer loss if he was evicted as he was living with his parents.
However, counsel for the Rajya Sabha Secretariat said that Chadha had no vested right over the allotted accommodation, which was rightly canceled by the competent authority. He also said that Chadha failed to be prompt in seeking interim relief, adding that his application was filed more than a month after the allotment was cancelled. It was further noted that the accommodation was allotted through the Chairman of the Housing Committee which was not subject to judicial review.
However, Chadha said that the allotment of other similarly placed persons has not been cancelled. You MP earlier lived in a Type VI bungalow. Later he requested for a Type VII bungalow which was allotted to him.
According to the Rajya Sabha handbook, which sets the eligibility criteria for housing, Rajya Sabha MPs like Chadha, who is a first-time MP, are entitled to a Type V bungalow or a single flat as their official residence. The next category, Type VI bungalows or twin flats, are for MPs who are former ministers of state, Deputy Speaker of the Lok Sabha, Deputy Chairman of the Rajya Sabha, nominated members, floor leaders of their parties and at least one full member. Duration.
Type VII bungalows are allotted to MPs who were former Union Cabinet Ministers, former Governors or former Chief Ministers and former Speaker of the Lok Sabha.
However, the handbook states that House committee chairmen have the authority to make exceptions on a case-by-case basis. Chadha was entitled to a Type VI house and his allotment of a Type VII bungalow required the approval of the House Committee Chairman. The tenure of previous House committee chairman OP Mathur ended in July 2022 and current chairman CM Ramesh took charge on November 2, 2022, meaning there was no House committee chairman at the time of Chadha’s allotment in September.
However, Chadha had said that his allocation was approved by the Rajya Sabha Chairman, Vice President Jagdeep Dhankhar. He had further said that the move to cancel the allotted residence of a sitting MP, when he had more than five years left in his term, was unprecedented.
