A bench comprising Justices Yashwant Varma and Dharmesh Sharma, during Wednesday’s hearing, permitted Chadha’s counsel to amend the prayer clause in his petition challenging a trial court’s recent decision to vacate the stay on his eviction.
New Delhi: The Delhi High Court will hear MP Raghav Chadha’s plea on December 19, seeking to restrain authorities from acting on the cancellation of his official bungalow allotment.
A bench comprising Justices Yashwant Varma and Dharmesh Sharma, during Wednesday’s hearing, permitted Chadha’s counsel to amend the prayer clause in his petition challenging a trial court’s recent decision to vacate the stay on his eviction.
The matter was subsequently listed for December 19.
Chadha’s counsel requested an interim stay on the eviction, but the court questioned how such relief could be granted without challenging the trial court’s order.
Senior advocate Abhishek Singhvi, representing Chadha, assured the court that the amendment would be filed and requested a hearing on December 19.
Chadha has also sought a re-interpretation of Rule 212 of the Rules of Procedure and Conduct of Business in the Council of States. The Rajya Sabha Secretariat had issued a cancellation notice for the bungalow on March 3, 2023, but the high court earlier granted interim relief by restoring a stay order on his eviction.
The current plea challenges the trial court’s 2023 decision to vacate the earlier stay.
During the hearing, the bench questioned the urgency of vacating the interim order, asking,
“What is the great hurry to vacate it?” and sought clarity from the Rajya Sabha Secretariat’s counsel on the necessity to remove the injunction.
The high court, in 2023, had instructed Chadha to present his plaint to the trial court and directed the trial court to address the interim relief application first.
On November 26, however, the trial court dismissed Chadha’s interim injunction application, stating there was no legal basis for him to retain the accommodation.
Chadha, initially allotted a “type 6” bungalow at Pandara Park in July 2022, later requested a “type 7” accommodation, which was granted from the Rajya Sabha pool. However, the allotment was canceled in March 2023.
As a first-time MP, Chadha is entitled to “type 5” accommodation, as per the Rajya Sabha members’ handbook issued in April 2022. Type 7 bungalows are typically reserved for former union cabinet ministers, governors, chief ministers, and Lok Sabha speakers.
Case Title: Raghav Chadha v. Union of India & Ors.
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