Premium

PIL in Punjab and Haryana HC flags continued occupation of prime Sector 5 govt house by ex-MLA in Chandigarh

The petition in the Punjab and Haryana High Court alleges defiance of an eviction order even as the Union Territory administration says statutory proceedings regarding the Chandigarh house are underway.

3 min readChandigarhUpdated: Jan 20, 2026 08:19 PM IST

Punjab and Haryana High Court dismisses PIL plea

The Punjab and Haryana High Court observed that once proceedings under the statutory framework are already in motion, it would not entertain a parallel case on the same issue.

The Punjab and Haryana High Court on Tuesday dismissed a Public Interest Litigation (PIL) petition seeking the eviction of a former MLA from a government house in Chandigarh Sector 5, holding that statutory proceedings for eviction were already pending and that the issue could be raised in a connected matter.

During a hearing before a division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, the petitioner contended that the former MLA was enjoying “extraordinary relief” by continuing to occupy a prime government residence despite having ceased to hold public office. It was argued that the allotment flowed from a Supreme Court order but that subsequent directions in public interest required former MPs and MLAs to vacate government accommodation. According to the petitioner, an eviction order had been passed nearly five years ago, yet the occupant had not vacated and had even resisted attempts by the administration to take possession of the house.

The petitioner was represented by senior advocate R S Bains, while the Union Territory administration was represented by senior counsel Amit Jhanji.

Bains submitted that such conduct amounted to lawlessness and sent a wrong signal if tolerated in a planned city like Chandigarh. He stressed that the case involved a politician defying the law for years and warranted urgent judicial intervention.

Opposing the plea, the Union Territory administration argued that the petition was misconceived and politically motivated. Jhanji submitted that proceedings under the Public Premises Act were already pending against the former MLA and that penal rent was being levied. He said there was no question of selective action, as eviction proceedings were underway in respect of several government houses across different sectors, including Sectors 5, 7, 11, 16, 22, 23, and 27.

‘No occupant is being protected’

The administration further pointed out that detailed particulars of all such properties and the status of proceedings had been placed on record through affidavits, including an order dated January 23, 2023, initiating eviction under Section 5 of the Public Premises Act in respect of House No. 33, Sector 5. It was argued that the law was being followed uniformly and that no occupant was being protected.

The bench observed that once proceedings under the statutory framework are already in motion, the court would not entertain a parallel case on the same issue. It also noted that similar questions were pending consideration in the other case.

Story continues below this ad

Granting liberty to the petitioner to raise all contentions regarding House No. 33 in the pending PIL, listed for February 20, the bench dismissed the petition as infructuous.

An oral request to intervene in the pending matter was declined, with the court observing that a formal application could be filed on that date.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More