A Delhi court is likely to decide on July 10 the maintainability of an application filed by AAP leader and Rajya Sabha MP Raghav Chadha against an order cancelling the allotment of a bungalow to him.
Chadha has challenged a letter dated March 3, 2023, whereby the accommodation allotted to him by the Rajya Sabha Secretariat was cancelled.
In response, the counsel appearing for the secretariat objected to the maintainability of the application before the court.
Additional District Judge Sudhanshu Kaushik on June 1, after hearing arguments on the issue of maintainability from both sides, fixed the matter for July 10 for order.
The court had in April directed the secretariat not to dispossess Chadha from the bungalow till the pendency of the application without due process of law.
At this stage, I do not deem it expedient to comment on the arguments raised by the plaintiff that the allotment once made by the secretariat cannot be cancelled under any circumstances during the entire tenure of a Member of Parliament, the judge had said.
However, I do find force in the second limb of the argument advanced on behalf of the plaintiff that a person cannot be dispossessed except by following the due process of law, the judge said.
"Since, the plaintiff (Chadha) is occupying an accommodation, which falls under the category of public premises, the defendant (Rajya Sabha Secretariat) is obligated to follow the due process of law, he said.
The judge noted Chadha's submission that the secretariat was acting in haste and that there was a strong likelihood that he might be dispossessed without due process of law.
"In view of these circumstances, a prima-facie case is made out for issuing directions to the effect that plaintiff shall not be dispossessed from the bungalow without due process of law, the judge said.
He had further observed that the balance of convenience also was in favour of Chadha as he was residing in the accommodation along with his parents.
Plaintiff would indeed suffer irreparable injury, in case, he is dispossessed without the due process of law. Accordingly, till the next date of hearing, the defendant is directed not to dispossess the plaintiff from bungalow without due process of law, the judge said.
Chadha's counsel had urged the court to grant an ex-parte ad-interim injunction against the secretariat, submitting that it was hellbent to dispossess Chadha from the allotted accommodation.
He contended that Chadha would suffer irreparable injury, in case, the injunction was not granted.
No orders have been passed by the estate officer and the eviction proceedings have not been initiated, the court noted.
Chadha was on July 6 last year allotted a 'type 6' bungalow at Pandara Park here but he made a representation to the chairman of the Rajya Sabha on August 29 requesting a 'type 7' accommodation.
He was then allotted a new bungalow on Pandara Road from the Rajya Sabha pool.
However, in March this year, the allotment was cancelled.
Chadha sought an injunction to the effect that the secretariat be restrained from taking any further action in consequence of the March 3 letter and it also be restrained from allotting the bungalow to some other person.
The AAP MP also sought damages to the tune of Rs 5.5 lakh from the secretariat for causing him mental agony and harassment.
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