New Delhi, Jan 18 – The Delhi High Court on Thursday refused to stay the Directorate of Estates’ eviction notice issued to Trinamool Congress leader Mahua Moitra that asked her to vacate the government bungalow that was allotted to her but was cancelled following her expulsion from the Lok Sabha.
She approached the Delhi High Court on Thursday challenging the notice to vacate the government bungalow.
Moitra had moved the court in December last year contesting the Directorate of Estates’ order cancelling her government accommodation and instructing her to vacate by January 7, 2024.
On January 4, Justice Subramonium Prasad had asked Moitra to approach the Estates for permission to continue occupation of the government-allotted accommodation, noting that the regulations allowed authorities to grant temporary overstay for residents under exceptional circumstances.
On Thursday, Justice Girish Kathpalia dismissed Moitra’s application, considering the pending issue of her expulsion from Lok Sabha before the Supreme Court.
The court noted that the matter of extending the time to vacate the government accommodation is closely linked to her expulsion issue, and currently, she has no right to the accommodation.
The court said it is not inclined to invoke jurisdiction under Article 226 of the Constitution at this stage to restrain the operation of the impugned eviction order.
“Accordingly, the application stands dismissed,” the court said.
It said that Moitra, having been allotted government accommodation due to her status as a Member of Parliament, had lost that status upon expulsion.
Moitra had moved the court in December last year contesting the Directorate of Estates’ order cancelling her government accommodation and instructing her to vacate by January 7, 2024.
On Tuesday, the Directorate of Estates issued a notice to Moitra to vacate the bungalow “immediately”.
Moitra, expelled from the Lok Sabha on December 8, for alleged unethical conduct, challenged the expulsion in the Supreme Court.
As Moitra faces possible eviction, the plea stresses her duty as a Lok Sabha candidate for the 2024 polls.
The instability in accommodation is claimed as a hindrance to her role in engaging with constituents and fellow politicians, especially during the election season.
While the court had earlier asked her to approach the Estates, Justice Prasad asked her to submit a request to the Directorate of Estates, and appropriate action would be taken in compliance with the law.
The court had permitted Moitra to withdraw the current petition, stressing the legal requirement of issuing notice to a resident prior to eviction.
The court had affirmed that the government would proceed with eviction in adherence to the law.
During the hearing on December 19 last year, Justice Prasad had stressed the significance of the pending Supreme Court decision.
He said: “The matter is pending before the Supreme Court, and if it decides to accept the interim application and decides to stay, consequences will follow. If you’re inviting this court to pass an order, it will directly be impinging on the matter pending in the Supreme Court.”
The petition sought to annul the December 11 order or, alternatively, allow Moitra to retain possession until the 2024 Lok Sabha election results.
The petition argued that the Directorate of Estates’ order is premature since the validity of her expulsion is pending adjudication in the Supreme Court.
Living alone in Delhi with no alternative residence, Moitra has urged the court to allow her to continue residing in her current house until the 2024 General Elections, pledging to pay any applicable charges for the extended stay.
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