Raghav Chadha bungalow row: Delhi HC sets aside order to evict AAP MP

NEW DELHI: The Delhi High Court on Tuesday set aside an order by the Patiala House court that paved the way for the Rajya Sabha Secretariat to evict Aam Aadmi Party (AAP) MP Raghav Chadha from his official residence in the national capital.

Member of Parliament (MP) Raghav Chadha on Tuesday welcomed the decision of the Delhi High Court to set aside a court's order to evict the AAP MP from his official residence and said that the decision to revoke his official accommodation was arbitrary, unreasonable, and unjust.

The follow-up on the Raghav Chadha Residence row arrived a week after the AAP MP moved the Delhi High Court challenging a trial court's decision to vacate an interim order that gave a nod and paved the way for the Rajya Sabha secretariat to evict him from the government bungalow allotted to him.

After the Delhi HC set aside the Patiala House court order, Raghav Chadha said, "This is not a fight for a house or a shop, this is a fight to save the Constitution. In the end, truth and justice have prevailed. I welcome the decision of the Delhi High Court to set aside the order of the trial court, which was against me."

Speaking about the development further Chadha said, "The cancellation of this allotment was a clear case of political vendetta, aimed at silencing a young, vocal parliamentarian. The decision to revoke my official accommodation was arbitrary, unreasonable, and unjust, representing a new low in political vendetta."

"This incident marked an unprecedented departure from democratic norms, as it was the first time in the 70-year history of the Rajya Sabha that a member faced such political harassment for holding the government accountable. Not only was this cancellation driven by malicious intent, but it also contained glaring irregularities that clearly violated established rules and regulations," the AAP MP added.

"Every Member of Parliament is entitled to official accommodation, and what has been given to me is identical to what many many of my fellow first-time MPs have received. Opposition voices, those who represent the concerns of millions of Indians, are being deliberately targeted. Till now, I have delivered two speeches in parliament holding the BJP-led Central Government accountable," said Raghav Chadha.

He further stated, "After my first speech, my official accommodation was cancelled. After my second speech, my membership as a parliamentarian was suspended. No parliamentarian can function if he is made to worry about what his forthright and honest speech will cost him next. However, I am not afraid, and I am ready to make any sacrifice to uphold the principles of democracy and hold this government accountable for its misdeeds."

"On the issue of suspension from the Rajya Sabha, yesterday, the Supreme Court took up the matter and issued a notice to the Rajya Sabha Secretariat, seeking their response on my suspension. As the matter is pending before the Supreme Court I do not want to state anything further in that respect," he said.

"All I want to say is that they can remove me from my official accommodation, they can remove me from Parliament, but they can't remove me from the hearts of millions of Indians, where I hope I really reside," he stated further.

The bench of Justice Anup Jairam Bhambhani last week had kept the order reserved after hearing the parties at length.

Recently Trial Court passed an order vacated and recalled the stay order which granted interim relief to the Rajya Sabha MP Raghav Chadha that he would not be dispossessed from the current accommodation without due process of law.

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.

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.

Court had also said a prima-facie case is made out for issuing directions to the effect that plaintiff/Raghav Chadha shall not be dispossessed from bungalow No.AB-5, Pandara Road, New Delhi without due process of law.

The balance of convenience also lies in favour of the plaintiff as he is residing in the accommodation along with his parents. Plaintiff would indeed suffer irreparable injury, in case, he is dispossessed without the due process of law, said the Court.

Accordingly, till the next date of hearing, the defendant is directed not to dispossess the plaintiff from bungalow No.AB-5, Pandara Road, New Delhi without due process of law. Notice of the application under Section 80 (2) of CPC be issued to the defendant to show cause in respect of the relief claimed in the suit, added to the court in the order passed on April 18, 2023.

Raghav Chadha in his civil suit stated that he on 6.7.2022, was allotted bungalow No.C-1/12, Pandara Park, New Delhi which falls under the category of Type VI bungalow. Thereafter, on 29.8.2022, plaintiff/Raghav made a representation to the Chairman, Rajya Sabha requesting for the allotment of Type-VII accommodation. The said representation of the plaintiff was considered and on 3.9.2022, in lieu of earlier accommodation, he was allotted bungalow No.AB-5, Pandara Road, New Delhi from Rajya Sabha Pool.

The plaintiff accepted the allotment and started residing therein along with his parents after carrying out renovation work. It has been stated that the plaintiff took the physical possession of the bungalow on 9.11.2022 and the allotment made in his favour was notified in the official gazette. The plaintiff has mentioned that he came to know that the allotment made in his favour had been cancelled arbitrarily and this fact was communicated to him on dated 3.3.2023.

Through the suit, Raghav Chadha has sought directions that a letter dated 3.3.2023 issued by the Rajya Sabha Secretariat may be declared 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 dated 3.3.2023 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.