Delhi Court Grants Temporary Relief to AAP MP Raghav Chadha, Halts Eviction from Lutyens' Bungalow

A court in Delhi has directed a temporary suspension of the eviction of Raghav Chadha, a member of the Aam Aadmi Party, from his residence at Lutyens' Bungalow.

The latest update states that a Delhi court has granted provisional assistance to Raghav Chadha, a Member of Parliament for the Aam Aadmi Party (AAP). The court has instructed the Rajya Sabha secretariat not to evict Chadha from his Type-7 residence in Lutyens' Delhi, unless a verdict is reached on his request and without adhering to proper legal procedures. Usually, Type-7 bungalows are provided to politicians who have served as former ministers, chief ministers, or governors. The validity of Chadha's bungalow allotment cancellation, which was carried out by the Rajya Sabha secretariat on March 3, 2023, will now be examined by the court. The Rajya Sabha secretariat has not made any statements regarding the court ruling or the MP's appeal as of now.

The advocate representing the legislative department of the upper house of the Indian Parliament raised concerns about the acceptability of Chadha's submission during the legal proceedings. After considering arguments presented by both parties, District Judge Sudhanshu Kaushik had previously set July 10 as the specified date for issuing a ruling. The court had instructed the secretariat in April to refrain from evicting Chadha from the bungalow until the application was resolved in compliance with legal procedures.

The judge chose not to provide any feedback regarding the plaintiff's claim that it is impossible to revoke the allocation of the secretariat during the entire term of a Member of Parliament. Nonetheless, the judge recognized the plaintiff's argument that an individual cannot be stripped of their possessions without abiding by the appropriate legal procedures.

The judge declared that as Chadha resides in a public accommodation, it is incumbent upon the Rajya Sabha secretariat to comply with legal procedures. The judge recognized Chadha's argument that the secretariat was moving too quickly and that there was a high probability of him being unfairly evicted without proper legal procedures.

After evaluating the situation, the judge determined that there was sufficient evidence to warrant issuing instructions that Chadha should not be evicted from the bungalow without following proper legal procedures. The judge also pointed out that it would be more convenient for Chadha, as he is currently living with his parents.

As a result, the judge has instructed the Rajya Sabha secretariat to adhere to the appropriate legal procedures before evicting Chadha from the bungalow, until the following hearing occurs. Chadha's lawyer sought an urgent injunction without the presence of the opposite party, alleging that the secretariat was adamant about evicting Chadha from the granted residence, and not granting the injunction would have disastrous consequences for Chadha.

The court observed that the estate officer had not given any instructions and there were no efforts made to commence eviction proceedings. In July of last year, Chadha was given a Type-6 bungalow in Pandara Park. However, on August 29, they requested a Type-7 accommodation from the Rajya Sabha chairman. Nonetheless, the allocation was revoked last March. Chadha is requesting a sum of Rs 5. 5 lakh from the secretariat as compensation, claiming that their actions caused him severe distress and harassment. Chadha, being a first-time MP, is eligible for Type-5 lodging as per the Rajya Sabha Members Handbook that was published in April 2022. According to the handbook, Type-7 bungalows are exclusively designated for MPs who have previously served as Union Cabinet Ministers, Governors, Chief Ministers, or Lok Sabha Speakers.

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