Close X
Sunday, November 10, 2024
ADVT 
India

Delhi court says Raghav Chadha has no vested right to government bungalow after allotment cancellation

Darpan News Desk IANS, 06 Oct, 2023 10:05 AM
  • Delhi court says Raghav Chadha has no vested right to government bungalow after allotment cancellation

New Delhi, Oct 06 (IANS) Vacating its interim order, a Delhi court has said that Aam Aadmi Party (AAP) MP Raghav Chadha does not possess a vested right to continue occupying a government Type-7 bungalow in Pandara Road, which falls under Lutyens' Delhi after the allotment has been cancelled and the privilege stands withdrawn.

These bungalows in question are allocated to lawmakers who have served as Ministers, Chief Ministers, or Governors.

The interim order by Additional District Judge Sudhanshu Kaushik of Patiala House Courts had directed the Rajya Sabha Secretariat to refrain from evicting him from the bungalow without following due legal process.

The development took place in Chadha's suit against the Rajya Sabha Secretariat's decision to cancel the bungalow's allotment to him, following an order issued on March 3.

The Secretariat had then filed a review application seeking the recall of the interim order by the judge, which now stands vacated.

The court stated, "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."

It was the Secretariat's case that the interim relief had been granted to Chadha without adhering to the procedure outlined in Section 80(2) of the Civil Procedure Code (CPC).

According to the Secretariat, a hearing should have been conducted for both sides before granting such relief under the provision.

In vacating the interim order, the court rejected Chadha's argument that once accommodation is allocated to a Member of Parliament, it cannot be canceled under any circumstances during their entire tenure.

The court noted that for the purpose of determining whether an application should be granted under Section 80(2) of the CPC, the court is supposed to give a hearing to both sides, consider the nature of the suit, and assess the urgency of the matter before making a final decision.

It said that the interim relief granted in Chadha's case had been an apparent error, and the order dated April 18 was recalled and vacated.

The court concluded that since no urgent or immediate relief was required in the suit, the plaintiff should re-file the case after complying with the requirements of Section 80(1) of CPC.

In April, the court had directed the secretariat not to dispossess Chadha from the bungalow during the pendency of the application without due process of law.

The judge had 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 had 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 had 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.

MORE India ARTICLES

Don’t let AAP men enter villages till farmers get relief: Sukhbir Badal

Don’t let AAP men enter villages till farmers get relief: Sukhbir Badal
Shiromani Akali Dal (SAD) President Sukhbir Badal on Tuesday urged farmers and farm labourers not to let Aam Aadmi Party (AAP) functionaries in Punjab enter their villages till they do not get full and final compensation for the losses sustained during the devastating floods in the state.  

Don’t let AAP men enter villages till farmers get relief: Sukhbir Badal

Canadian citizen arrested in connection with DRDO espionage case

Canadian citizen arrested in connection with DRDO espionage case
In a significant development in connection with the DRDO espionage case involving a former Navy commander and a freelance journalist, the Central Bureau of Investigation (CBI) has arrested a Canadian citizen, a source said on Tuesday. A well-placed source told IANS that the accused has been identified as Rahul Gangal. 

Canadian citizen arrested in connection with DRDO espionage case

India will soon be a $5 trillion economy, says Modi at BRICS business forum

India will soon be a $5 trillion economy, says Modi at BRICS business forum
Addressing the BRICS Business Forum Leaders' Dialogue in Johannesburg on Tuesday, Prime Minister Narendra Modi, said that despite global challenges, India has emerged as the fastest growing economy and will soon become a $5 trillion economy. 

India will soon be a $5 trillion economy, says Modi at BRICS business forum

Rahul Gandhi to leave for Brussels on Sept 6, to attend several meetings in Paris, Oslo till Sept 10

Rahul Gandhi to leave for Brussels on Sept 6, to attend several meetings in Paris, Oslo till Sept 10
Incidentally, the programme of Rahul Gandhi collides with the G20 meeting in India on September 8 and 9, when he will be holding discussions in Paris. Rahul Gandhi will be visiting France, Brussels, and Oslo. 

Rahul Gandhi to leave for Brussels on Sept 6, to attend several meetings in Paris, Oslo till Sept 10

G-20 Summit: Delhi govt announces 3-day holiday for schools, offices

G-20 Summit: Delhi govt announces 3-day holiday for schools, offices
The Delhi government on Tuesday announced a three-day holiday for schools and colleges in view of the G-20 Summit scheduled to take place in the national capital on September 8, 9 and 10. "The Delhi government offices and MCD offices will remain shut on these three days. Additionally, all schools will also remain closed on these days," an official said

G-20 Summit: Delhi govt announces 3-day holiday for schools, offices

Chandrayaan-3's lander and Chandrayaan-2 Orbiter start talking to each other

Chandrayaan-3's lander and Chandrayaan-2 Orbiter start talking to each other
The Chandrayaan-3 spacecraft comprises a propulsion module (weighing 2,148 kg), a lander (1,723.89 kg) and a rover (26 kg). Recently, the lander module got detached from the propulsion module and the latter is also circling the moon at an altitude of 25 km x 134 km.

Chandrayaan-3's lander and Chandrayaan-2 Orbiter start talking to each other