A division bench of the Delhi High Court on Monday recused itself from hearing AAP Rajya Sabha MP Raghav Chadha’s plea challenging the justification of cancellation of his Type VII bungalow allotment by the Chairman of the House Committee on the Rajya Sabha Secretariat.
The petition was heard by a bench of Justices Rekha Pally and Saurabh Banerjee. Judge Palli recused himself from the case. Senior advocate Abhishek Manu Singhvi, appearing for Chadha, pleaded for an early hearing, citing “extreme urgency”. According to the instructions of the Acting Chief Justice, the case has been fixed for January 18 with instructions to present it before the appropriate bench where Judge Palli is not a member of the bench.
In a communication dated March 3, 2023, the Chairman of the Rajya Sabha House Committee on Bangla no. AB-5, Pandara Road, New Delhi to Chadha. The AAP leader then filed a civil suit in the Patiala House District Court. He had argued in the trial court that he was not given an opportunity to be heard before the cancellation and that the decision was made in “excessive haste” and “arbitrary”.
The RS secretariat had submitted before the district court that Chadha, a first-time member of the Rajya Sabha and a former member of the state legislature, was entitled to a Type-VI bungalow/MS flat/twin flat and had no vested right. Just look for a Type-VII accommodation. Initially Type-VII bungalows were allotted after the Directorate of Heritage (MOHUA) under the Ministry of Housing and Urban Affairs requested that 3/4 of the higher type dwellings be placed in the general pool in the Rajya Sabha pool. The committee reviewed the distribution. The Speaker noted that Chadha and BJP MP Dr Radha Mohan Das had been allocated more than their dues. After this, the RAS Secretariat filed a petition in the district court saying that the allotment was cancelled.
The trial court, in its order on April 17 last year, had refused to restrain the RS secretariat from neglecting the bungalow or to issue an injunction. The High Court later stayed the district court’s order in October 2023, in effect granting relief to Chadha as he was not required to vacate the Type VII bungalow.
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