Delhi HC judge recuses, Raghav Chadha appeal for bungalow to be heard on Dec 18

NEW DELHI: An appeal by Aam Aadmi Party (AAP) MP Raghav Chadha over the Rajya Sabha secretariat cancelling allotment of a bungalow in March 2023 will be taken on December 18 after a Delhi high court judge recused from the case on Monday.

Chadha’s appeal was listed before a bench of justices Rekha Palli and Saurabh Banerjee on Monday but the hearing was adjourned for Wednesday after justice Palli recused from the hearing Chadha’s plea.

Chadha was allotted a Type VII bungalow at Pandara Road in September 2022 and he took possession of the bungalow in November 2022. Nearly three months later, his allotment was canceled on March 3, 2023 by the chairman of the House Committee of the Rajya Sabha on the grounds that he was first-time MP, and was entitled to only a Type VI bungalow. He was allotted accommodation located in Swajas Delux.

Chadha moved a city court against the March 3 decision and was granted a stay order by the high court in October 2023 that barred the Rajya Sabha Secretariat from dispossessing Chadha from the bungalow, till the city court decides the MP’s plea.

In its verdict on November 26, the lower court rejected the MP’s request to declare the March 3, 2023 letter as “illegal”, holding that the chairman, House Committee, had the power to cancel a higher category allotment made to an MP.

“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 towards any malafide or bias on the part of the defendant. Thus the plaintiff is not prejudiced in any manner. He has the allotment of the House to shift into as per his entitlement,” the court said in its 27-page order..

The order also underscored that Chadha was allotted two premises, a bungalow and an alternative apartment, for the duration of the proceedings and that Chadha should bear the cost of the subsequently allotted residence, as the same had not been put to use due to the present suit.

“Government sources are scarce-obviously owing to the present litigation, the present house (Type VII) cannot be possessed by the defendant nor the defendant can put to use the subsequently allotted residence to the plaintiff. The plaintiff should be made to bear the cost of the same as well,” the court order said.

In his petition before the high court, Chadha has argued that he was being unduly targeted and victimised, as there were other similarly situated persons who continued to retain higher than eligible type bungalows. His plea also said that he was not given any sort of opportunity of hearing before cancellation/further allotment and the letter was bereft of any reason or circumstances warranting cancellation of allotment.