The Delhi High Court on Tuesday allowed Aam Aadmi Party MP Raghav Chadha’s plea to stay his eviction from a government-allotted bungalow, reported Bar and Bench.
Chadha had moved the High Court after the additional district judge of Patiala House court on October 5 dismissed an interim order of April 18 that directed the Rajya Sabha Secretariat to halt his eviction.
Additional District Judge Sudhanshu Kaushik had said that Chadha had no right to stay in the bungalow as it was only a privilege given to him as an MP.
In September 2022, Chadha was allotted a type-VII accommodation bungalow in Delhi. The Opposition party’s MP was earlier allotted a type VI bungalow. In March, the Rajya Sabha Secretariat told him that the allotment had been cancelled as the type-VII bungalow was higher than his entitlement, reported Bar and Bench. He was then allotted another flat.
Following this, Chadha sought direction against the decision to cancel his type-VII bungalow allotment. The Patiala House Court granted him interim relief on April 18.
However, the Rajya Sabha Secretariat sought a review of the order on the grounds that procedure action was not followed in filing the suit under the Civil Procedure Code. Section 80(1) of the Civil Procedure Code says that a two-month notice has to be given before filing any suit against a public officer or government.
Section 80(2) of the procedural law says that a suit for urgent relief can be filed without giving notice after the court’s permission, however, an interim order cannot be passed without hearing the public officer or government.
The High Court, however, said on Tuesday that Rajya Sabha Secretariat is a separate institution from the government and therefore, Section 80 of the Civil Procedure Code does not apply in the case. The court observed that Chadha had sued only the Rajya Sabha Secretariat as an institution or body and not its secretary general, who is a public officer.