“House number 9B on Telegraph Lane occupied by Mahua Moitra was vacated by 10am this morning before the authorities arrived. No eviction took place,” Moitra‘s counsel Shadan Farasat told reporters on Friday.
The control of the residence has now been transferred to the officials of the Directorate of Estates(DoE), Farasat added.
Eviction notice pasted on expelled TMC MP Mahua Moitra’s bungalow in Delhi, proceedings ongoing
On Thursday, Moitra’s attempt to obtain a reprieve from the Delhi high court was unsuccessful, as the court declined to suspend the DoE’s notice and directed her to leave the state-owned bungalow.
Justice Girish Kathpalia highlighted the absence of any particular regulation presented to the court concerning the eviction of MPs from state-owned accommodations after their tenure as legislators ends.
The court, in its verdict, said, “To conclude, in view of the pendency of the issue of expulsion of petitioner (Moitra) before the Supreme Court and the issue of extension of time to vacate the government accommodation being inextricably linked with that, coupled with the fact that as on date petitioner has no right, this court is not inclined to invoke jurisdiction under Article 226 of the Constitution of India at this stage to restrain the operation of the impugned eviction order. Accordingly, the application stands dismissed.”
The court clarified that Moitra’s entitlement to government housing was contingent upon her role as an MP, a role that ceased with her expulsion, a decision not halted by the Supreme Court despite her appeal. Consequently, she presently lacks any entitlement to continue residing in the bungalow.
The court elaborated, “… accordingly, under Article 226 of the Constitution, she cannot be granted protection as sought. The allotment of government accommodation to the petitioner was co-terminus with her status, which has come to an end upon her expulsion. No specific Rule has been brought before this court which would deal with the eviction of Members of Parliament from the government accommodation after they cease to be the members.”
The court took note of her January 5 appeal to the authorities, highlighting her constituency as Krishnanagar in West Bengal, and remarked that her argument for campaigning loses its weight as it should be conducted there, not in Delhi.
Furthermore, the court mentioned that allowing an extension for such reasons would contradict the primary purpose of the law – the Public Premises (Eviction of Unauthorised Occupants) Act.
The high court remarked, “Nothing prevented the petitioner from seeking relief of extension of time to vacate the government accommodation by approaching the Supreme Court where the basic dispute of her expulsion is pending consideration.”
Moitra, ousted from the Lok Sabha on December 8 of the preceding year, was initially instructed to vacate the premises by January 7 following the cancellation of her allotment.
She faced accusations of “unethical conduct” and was expelled from the House for purportedly receiving gifts and other benefits from businessman Darshan Hiranandani in exchange for posing questions aimed at his business competitor Gautam Adani.
(With inputs from agencies)
Read More:Mahua Moitra faces eviction from government bungalow, directorate of estates sends team to evict former TMC MP | India
2024-01-19 06:40:00