A Delhi Court has order AAP MP Raghav Chadha to vacate the type 7 bungalow. The lawyer representing the Rajya Sabha secretariat argued that Chadha, being a member of the Rajya Sabha, is entitled to be allotted a type 6 bungalow and not type 7.
Don't have inherent right to keep bungalow: Court
The court noted that after the cancellation of the bungalow's allotment and withdrawal of the privilege, Raghav Chadha does not have an inherent right to keep the government bungalow.
Additional District Judge Sudhanshu Kaushik of Patiala House Courts has revoked an interim order issued on April 18. This order had previously instructed the Rajya Sabha Secretariat not to evict Chadha from the government bungalow without following the appropriate legal procedures.
“The plaintiff (Raghav Chadha) cannot assert that he possesses an absolute entitlement to occupy the accommodation throughout his entire term as a Member of the Rajya Sabha. The allocation of government housing is simply a privilege granted to the plaintiff, and he does not have an inherent right to maintain occupancy even after the allocation has been rescinded," the court observed.
RS secretariat had filed review petition
This judgment comes as a response to a review application filed by the Rajya Sabha Secretariat, which aimed to have the interim order lifted. The Secretariat contended that the court had provided interim relief to Chadha without following the procedure outlined in Section 80(2) of the Civil Procedure Code (CPC), which requires a hearing for both parties before granting leave under this provision.
In nullifying the interim order, the court dismissed Chadha's assertion that government housing assigned to a Member of Parliament could not be revoked under any circumstances throughout the MP's entire term.