Government bungalow allocation row | HC protects Raghav Chadha from eviction

Delhi HC revives stay on eviction of AAP MP Raghav Chadha from government bungalow. HC said trial court was in error in returning plaint over non-compliance with provisions of section 80 of CPC. RS Secretariat had opposed Chadha's petition in HC against trial court's decision

Aam Aadmi Party MP Raghav Chadha can live in the government bungalow allotted to him for now, with the Delhi High Court Tuesday (October 17) reviving the trial court's stay on his eviction by the Rajya Sabha Secretariat.

Justice Anup Jairam Bhambhani allowed Mr. Chadha’s appeal and revived the trial court’s April 18 order which had prevented the Rajya Sabha Secretariat from evicting him.

The High Court said the trial court was in error in returning Mr. Chadha's plaint over non-compliance with the provisions of section 80 of the Civil Procedure Code.

Mr. Chadha had challenged the trial court's October 5 order which vacated its own order of April 18 on a review plea filed by the RS Secretariat. The trial court had said in its latest order that Mr. Chadha cannot claim an absolute right to occupy the government bungalow during his entire tenure as a Rajya Sabha member even after cancellation of the allotment.

The Rajya Sabha Secretariat had opposed Mr. Chadha's petition in the High Court against the trial court's decision which had cleared the decks for his eviction.

The High Court said the April 18 order of the trial court which had directed the Rajya Sabha secretariat not to evict Mr. Chadha, stands revived and shall remain in force till the time the trial court decides his application for interim relief.

The trial court had returned Mr. Chadha’s plaint on the ground that he failed to comply with the provisions of section 80 CPC which says no suit shall be instituted against the government or a public officer in respect of any act purporting to be done by the public officer in his official capacity.