AAP MP Raghav Chadha Moves Delhi High Court For Type VII Bungalow After Trial Court Calls It Privilege

AAP MP Raghav Chadha has approached the Delhi High Court in response to a trial court's decision to vacate an interim order that previously prevented the Rajya Sabha Secretariat from evicting him from the Type VII bungalow allocated to him in July last year.

Chadha's legal representative urgently requested Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula on Tuesday (10 October) to list the matter, expressing concerns that Chadha might be asked to vacate due to the removal of the stay. The bench approved the listing for Wednesday.

A Delhi court, in an order dated 5 October, observed that Chadha had no inherent right to retain the premises after the cancellation of its allocation. The judge emphasised that the allotment was a privilege that could be revoked at any time.

Additional District Judge Sudhanshu Kaushik stated, "...the plaintiff (Raghav Chadha) has no vested right in the accommodation, and his status is akin to that of a licensee, which can be revoked by the competent authority at any time."

The court was addressing a review application from the Rajya Sabha Secretariat seeking the recall of the interim order. Chadha had challenged a letter issued on 3 March canceling the accommodation allotted to him.

On 18 April, the court restrained the Rajya Sabha Secretariat from dispossessing Chadha until the next hearing. Chadha argued that the cancellation of the bungalow allotment did not follow due process, was arbitrary, and lacked reasons.

He contended that, for the removal of an MP from the bungalow, reasons must be provided in the allotment letter. Chadha also highlighted the potential harm he would face if evicted, as he resides with his parents.

The Rajya Sabha Secretariat's counsel argued that Chadha had no vested right in the allotted accommodation, rightfully canceled by the competent authority.

The counsel emphasised the lack of urgency in Chadha's application, filed more than a month after the allotment was canceled. Additionally, it was mentioned that the allotment was made by the Chairman of the Housing Committee, who was not subject to judicial review.

Chadha countered by pointing out that the allotment of similarly placed individuals had not been canceled. The MP, who initially lived in a Type VI bungalow, later requested and was allotted a Type VII bungalow.