Raghav Chaddha's Temporary Shelter! Court Directs Rajya Sabha Secretariat to Hold Off Bungalow Eviction

Raghav Chaddha: A Delhi court has ordered the Rajya Sabha secretariat not to evict AAP MP Raghav Chadha from a Type-7 bungalow in Lutyens' Delhi, which is typically given to lawmakers who have served as former ministers, chief ministers, or governors, while his application is pending and without following the proper legal procedures. The court will now determine whether Chadha's case against the Rajya Sabha secretariat's March 3, 2023 ruling cancelling the bungalow's allocation to him on July 10 can be maintained. The Rajya Sabha secretariat did not immediately respond to requests for comment.

Raghav Chadha's Bungalow Case Set for Ruling

The RS secretariat's legal representative objected to the application's maintainability during the hearings. After hearing both sides' arguments on the topic of maintainability on June 1, Additional District Judge Sudhanshu Kaushik set the matter for ruling on July 10. The secretariat was told by the court in April not to evict Chadha from the bungalow while the application was pending "without due process of law". The judge had stated, "At this stage, I do not deem it expedient to comment on the arguments raised by the plaintiff that the allocation once made by the secretariat cannot be cancelled under any circumstances during the course of a Member of Parliament." The second part of the plaintiff's claim, according to the judge, that a person cannot be deprived of their property without first following the due process of law, has some merit. "The defendant (Rajya Sabha Secretariat) is required to follow the due process of law," he added. "The plaintiff (Chadha) is occupying an accommodation that falls under the category of public premises. The judge took note of Chadha's argument that the secretariat was operating in "haste" and that there was a good chance he may lose his property without going through the proper legal channels. The judge had stated, "At this stage, I do not deem it expedient to comment on the arguments raised by the plaintiff that the allocation once made by the secretariat cannot be cancelled under any circumstances during the course of a Member of Parliament."

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AAP MP Raghav Chadha Not to be Evicted Without Due Process of Law

The judge took note of Chadha's argument that the secretariat was operating in "haste" and that there was a good chance he may lose his property without going through the proper legal channels. The judge declared, "In light of these facts, a prima facie case is made out for issuing directions to the effect that the plaintiff shall not be ejected from the bungalow… without due process of law."He noticed that Chadha's living arrangement with his parents tipped the scales of convenience in his favour.If the plaintiff is ejected from his home without following the proper legal procedures, he would in fact sustain irreparable harm. As a result, the defendant is warned not to evict the plaintiff from the bungalow until the next hearing date "without due process of law," the Judge said. He said that if the injunction was not granted, Chadha would sustain irreparable harm. The court noted that the estate officer has not issued any orders and that no eviction procedures have been started. Chadha received a "Type 6" house at Pandara Park on July 6 of last year, but on August 29 he filed a letter to the Rajya Sabha chairman requesting a "Type 7" residence. A second bungalow was later assigned to him across Pandara Road from the Rajya Sabha pool. However, the allocation was terminated in March of this year.

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AAP MP Raghav Chadha Seeks Injunction and Compensation from Secretariat in Bungalow Dispute

Chadha asked for an injunction to stop the secretariat from acting further in response to the letter dated March 3 and to stop it from giving the bungalow to someone else. The AAP MP also demanded Rs 5.5 lakh in compensation from the secretariat for the harassment and mental anguish it caused. According to the Rajya Sabha Members Handbook, which was published in April 2022, Chadha is qualified for a Type-5 lodging in the ordinary course as a first-time member of parliament. According to the guidebook, MPs who have served as previous Lok Sabha Speakers, former Union Cabinet Ministers, former Governors, or former Chief Ministers are eligible for Type-7 bungalows, the second-largest category available to Rajya Sabha MPs.

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