AAP MP Raghav Chadha may lose govt bungalow after Delhi court vacates interim order

“… the plaintiff (Raghav Chadha) has no vested right in the accommodation and his status is akin to that of a licensee, which can be revoked by the competent authority at any time,” said Judge Sudhanshu Kaushik, while calling the allotment a privilege which can be taken away at any time.

The court further noted that the AAP MP had failed to provide urgency to receive the interim relief. Judge Kaushik also added that the court must give both sides time to argue to decide the urgency of the matter.

Chadha had earlier moved an application saying that the cancellation of the allotment of his Type VII bungalow on Pandara Road, New Delhi, did not follow due process of law, was arbitrary, and that no reasons were provided for it. He also said that for removing an MP from the bungalow, reasons must be provided in the letter of allotment. Chadha further said he would suffer injury if he was dispossessed as he was residing with his parents.

The counsel for the Rajya Sabha Secretariat, however, noted that Chadha had “no vested right in the allotted accommodation which was rightfully canceled by the competent authority”. He also said Chadha failed to provide urgency in seeking the interim relief, saying that his application was filed more than a month after the allotment was cancelled. It was further mentioned that the accommodation was allotted via the Chairman of the Housing Committee who wasn’t subject to judicial review.

Chadha, however, said allotment of other persons who were similarly placed was not cancelled. The AAP MP was earlier living in a Type VI bungalow. He later requested a Type VII bungalow which was allotted to him.

According to the Rajya Sabha Handbook which lays down the eligibility criteria for accommodation, Rajya Sabha MPs, like Chadha, who are first-time MPs are entitled to Type V bungalows or single flats as their official accommodation. The next category, Type VI bungalows or twin flats, are for MPs who were former Ministers of State, Deputy Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, nominated members, floor leaders of their parties, and members who have completed at least one term.

Type VII bungalows are allotted to MPs who were former Union Cabinet Ministers, former Governors or former Chief Ministers and former Lok Sabha Speakers.

The Handbook, however, says that the House Committee chairperson is authorised to make exceptions on a case-by-case basis. Chadha was entitled to a Type VI house and his allotment of a Type VII bungalow needed the approval of the House Committee chairman. The previous House Committee chairman OP Mathur’s term had ended in July 2022 and the incumbent chairman, CM Ramesh, took charge on November 2, 2022, meaning there was no House Committee chairperson at the time of Chadha’s allotment in September.
Chadha had, however, said his allotment was approved by Rajya Sabha chairman, Vice-President Jagdeep Dhankhar. He had further said the move to cancel a sitting MP’s allotted accommodation when he had more than five years of his term remaining was unprecedented.

In a statement later, Chadha said: “… The manner of the entire exercise leaves me with no option but to believe that these have been carried out at the dictates of BJP to further their political motives and vested interest in order to scuttle and stifle the political criticism raised by the vocal parliamentarians like me… The trial court had initially accepted my plea and granted me interim relief. It has now returned my case on a legal technicality, which I am legally advised to state is based on an incorrect understanding of the law. I will be taking appropriate action in law in due course. Needless to state that I will continue to raise the voice of people of Punjab and India fearlessly, irrespective of the costs involved.