The Delhi High Court recused itself from Aam Aadmi Party leader Raghav Chadha’s plea regarding the cancellation of his bungalow allotment, which he claims is politically motivated due to his outspoken nature. The trial court found no legal justification for his petition and dismissed allegations of bias, ordering a hearing for December 18 with another bench.
New Delhi: The Delhi High Court, on Monday, recused itself from hearing Aam Aadmi Party (AAP) leader and Rajya Sabha MP Raghav Chadha’s plea challenging the trial court’s decision against his petition on the cancellation of his bungalow allotment. Justice Rekha Palli, while stepping down from the case, directed that it be listed before another bench for hearing on December 18.
Raghav Chadha has alleged that the cancellation of his Type-VII bungalow is a case of political vendetta due to his outspoken demeanor in Parliament.
“As I am very vocal in Parliament, I am being selectively targeted, which clearly reflects vendetta politics by the Rajya Sabha Secretariat,”
Chadha argued in his plea. Senior Advocate Abhishek Manu Singhvi appeared on his behalf in the Delhi High Court.
The case stems from the Chairman of the Rajya Sabha House Committee canceling Chadha’s bungalow allotment. Chadha had previously filed a petition seeking an injunction against this cancellation, which was dismissed by the trial court on November 26.
The trial court ruled that there was “no legal justification” for Chadha to retain the accommodation and found no evidence of malafide intent or bias in the Rajya Sabha Secretariat’s decision. Additional Session Judge Sumit Dass, in his order, stated:
- “The plaintiff has no prima facie case at all. There is no legal justification in permitting the plaintiff to retain the present accommodation nor any circumstance has been placed on record, which would reveal or point out any malafide or bias on the part of the defendant.”
- The court also vacated the interim injunction/stay order, paving the way for the concerned department to recover compensation or damages from Chadha, as per the law.
The judgment highlighted that Chadha, as a licensee paying the license fee, could not claim a legal right to retain the bungalow.
Key Observations in the Court Order
- No Legal Justification: The court noted that the Type-VII allotment Chadha sought to retain was beyond his entitlement.
- No Evidence of Bias: The trial court dismissed Chadha’s claims of malafide intent, stating there was no material evidence to support such allegations.
- Balance of Convenience: The court held that the balance of convenience and irreparable loss did not favor Chadha.
- Alternative Accommodation Available: Chadha already holds another flat, ensuring he is not left without suitable accommodation.
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Raghav Chadha has maintained that the decision reflects political motives aimed at silencing his criticism of the government in Parliament. However, the trial court emphasized that the allotment and cancellation followed established guidelines for accommodations.
The matter now awaits further hearing on December 18, with a different bench set to examine the case.
The controversy surrounding Raghav Chadha’s bungalow allotment reflects a deeper clash between political allegations and legal principles. While Chadha asserts his cancellation is a result of “vendetta politics,” the trial court’s ruling indicates adherence to procedural norms.
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