Delhi HC blocks eviction of AAP MP Raghav Chadha from government bungalow

Delhi HC blocks eviction of AAP MP Raghav Chadha from government bungalow

The Delhi High Court on Tuesday has granted relief to Aam Aadmi Party (AAP) Rajya Sabha MP Raghav Chadha by approving his request to halt his eviction from a government-assigned residence.

Justice Anup J. Bhambhani has ruled that the previous stay order issued by the trial court, instructing the Rajya Sabha Secretariat to postpone the eviction, will be reinstated and remain effective until the trial court makes a decision regarding Chadha's request for interim relief.

In October, the trial court at Patiala House complex had lifted the stay order that led Raghav Chadha to appeal to the High Court. Additional District Judge Sudhanshu Kaushik stated that Chadha did not possess an inherent right to maintain occupancy of the bungalow, as it was a privilege granted to him solely due to his status as a Member of Parliament.

In September 2022, Raghav Chadha was assigned a Type-VII accommodation bungalow at Pandara Road in Delhi. However, in March of the following year, he was informed that his allocation was canceled because Type-VII exceeded his entitlement, and he was instead provided with a different flat. Chadha subsequently sought a permanent injunction to prevent the revocation of his Pandara Road bungalow allocation.

On April 18, the Patiala House Court provided Raghav Chadha with temporary relief. Nonetheless, on October 5, this order was rescinded following a request for a review by the Rajya Sabha Secretariat. Their argument was that the procedure outlined in Section 80(2) of the Civil Procedure Code (CPC) had not been properly adhered to, as leave to initiate the suit had not been granted before granting Chadha interim relief.

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