Delhi HC Denies Stay on Notices to Mahua Moitra to Vacate Government Accommodation: A Setback

Former Trinamool Congress MP Mahua Moitra suffered a setback on Thursday as the Delhi High Court dismissed her plea seeking a stay on the eviction notices issued by the Directorate of Estates asking her to vacate her government bungalow. Moitra was allotted the bungalow as an MP, but she was expelled from the Lok Sabha in December 2020 over allegations of accepting gifts from a businessman in exchange for asking questions in the Parliament.

Background
Moitra had approached the Delhi High Court on January 4, challenging the first notice sent by the Directorate of Estates on December 9, asking her to vacate the bungalow by January 7. She had contended that her expulsion was illegal and arbitrary and that she had filed a petition in the Supreme Court challenging it. She had also sought an extension of time to vacate the bungalow till the disposal of her petition in the apex court.

The Delhi High Court, however, had disposed of her plea on January 4, asking her to make a representation to the Directorate of Estates for seeking permission to continue her stay at the government accommodation. The court had also directed the Directorate of Estates to take steps to evict Moitra only in accordance with law and without making any observations on the merits of her case.

Fresh Notices and Plea
On January 11, Moitra received a second notice from the Directorate of Estates, asking her to vacate the bungalow immediately, failing which she would be liable for penal rent and other action. The notice stated that Moitra’s representation for extension of time was not satisfactory and that she had no right to continue living in the bungalow as she had ceased to be an MP.

On January 16, Moitra received another notice from the Directorate of Estates, warning her of “use of force” if she did not vacate the bungalow forthwith. The notice also mentioned that Moitra’s petition in the Supreme Court challenging her expulsion had not been admitted or stayed by the court.

Moitra then filed another plea in the Delhi High Court on January 17, seeking a stay on the eviction notices and an interim protection from being evicted till the disposal of her petition in the Supreme Court. She had argued that the eviction notices were issued without following due process of law and that they violated her right to life and dignity under Article 21 of the Constitution.

Delhi High Court’s Order
The Delhi High Court, however, dismissed Moitra’s plea on January 18, holding that she had no right to continue living in the government bungalow as she had been expelled as an MP and that her expulsion had not been stayed by the Supreme Court despite hearing afforded to her. The court said that it was not inclined to invoke its jurisdiction under Article 226 of the Constitution to restrain the operation of the eviction notices at this stage.

The court also observed that Moitra’s plea was not maintainable as it was filed against an order passed by a coordinate bench of the same court on January 4, which had disposed of her earlier plea after she withdrew it. The court said that Moitra could not have filed a fresh plea on the same cause of action without challenging the order passed by the coordinate bench.

The court further noted that Moitra’s plea was premature as she had not exhausted the alternative remedy available to her under Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which provides for an appeal against an eviction order before an appellate officer.

The court has now listed Moitra’s plea for hearing on January 24 before the roster bench.