The Delhi High Court on Thursday reserved an order for Aam Aadmi Party MP Raghav Chadhas plea challenging the trial court order, which enabled the Rajya Sabha Secretariat to evict him from the government accommodation. The bench of Justice Anup Jairam Bhambhani after the conclusion of submissions at length of both sides, reserved the order.Appearing for Raghav Chadha, Senior Advocate Abhishek Manu Singhvi submitted his plea which stated that its not a normal case of overstaying, not a case of fresh allotment, or normal public property eviction.“I am in charge of Punjab and 100s of politicians come to meet me and its because of space. My family is living there. The sole ground of dismissal is very strange, even though no urgency has been demonstrated. There cannot be a bigger urgency wherein Ive been thrown out where my family is also living”, Chadha stated in the plea.Patiala House Courts judgementAam Aadmi Party (AAP) leader and Rajya Sabha MP on Tuesday moved the Delhi High Court against Patiala House Courts recent order which has enabled Rajya Sabha Secretariat to evict Raghav Chadha from his current accommodation.The trial Court Judge Additional District Judge Sudhanshu Kaushik in an order passed on October 5, 2023, stated that on April 14 an interim relief was granted to the plaintiff (Raghav Chadha) that he would not be dispossessed from the accommodation without due process of law. This is certainly an error apparent on the face of the record and the same needs to be corrected. Accordingly, the order dated April 18, 2023, stands recalled and the interim order stands vacated.Further, after hearing the parties, I find that the plaintiff has failed to demonstrate that any urgent or immediate relief needs to be granted in the present matter for which leave could be granted under Section 80(2) of CPC. Plaintiffs allotment was cancelled on March 3, 2023, whereas, the suit was instituted on April 17, 2023. The accommodation granted to the plaintiff falls under the definition of Public Premises.As observed in the preceding paras, the accommodation allotted to the plaintiff is only a privilege given to him as a Member of Parliament. He has no vested right to continue to occupy the same after the privilege has been withdrawn and the allotment has been canceled. The argument that the plaintiff was not given a hearing before the cancellation of allotment stands rejected as no such notice was required under the Law, said the ADJ Sudhanshu Kaushik.Earlier on April 18, the Court in its interim order directed that Raghav Chadha, who is staying there with his parents shall not be dispossessed from the Bungalow without due process of law.According to the court, a prima facie case is made out for issuing directions to the effect that the plaintiff. Now, Raghav Chadha shall not be dispossessed from Bungalow No.AB-5, Pandara Road, New Delhi without due process of law.Through the suit, Raghav Chadha has sought directions that a letter dated March 3, 2023, issued by the Rajya Sabha Secretariat may be declared as illegal. He has also sought a permanent injunction to the effect that the defendant and their associates may be restrained from taking any further action in consequence of the letter and they may also be restrained from allotting the bungalow to some other person.Apart from this, Raghav Chadha has also sought damages to the tune of Rs 5,50,000/- from the defendant for causing mental agony and harassment, stated the suit.(With ANI inputs)
