The Directorate of Estates has sent a team to evict former Trinamool Congress MP Mahua Moitra from her government bungalow in Delhi, reported PTI quoting an official. The team was sent a day after the Delhi High Court refused to stay the eviction notice issued to the TMC leader asking her to vacate the bungalow.
"A team has been sent to evict the TMC leader from the government bungalow allotted to her as an MP," PTI quoted an official as saying.
Moitra's counsel Shadan Farasat, however, insisted that "no eviction took place at all" and that her lawyers handed over the possession of the house to the Directorate of Estates.
"House number 9B Telegraph Lane occupied by Ms. Mahua Moitra was fully vacated by 10 am this morning 19/1/2023 and possession handed over by her lawyers to Directorate of Estates who are inspecting and engaged in due process. Premises were vacated before authorities arrived and no “ eviction” took place at all," the lawyer said in the statement.
Moitra, in her plea challenging the eviction notice from the DOE, had cited medical reasons to urge the high court to restrain the authorities from evicting her from the government bungalow following her expulsion.
Senior advocate Brij Gupta, representing Moitra, submitted she had undergone a surgical procedure and was admitted to a private hospital.
{{/usCountry}}Senior advocate Brij Gupta, representing Moitra, submitted she had undergone a surgical procedure and was admitted to a private hospital.
{{/usCountry}}Justice Girish Kathpalia said no specific rule has been brought before the court which dealt with the eviction of MPs from government accommodation after they cease to be lawmakers. The court said Moitra was allotted government accommodation which was incidental to her status as a MP, and the status having ceased upon her expulsion that has not been stayed by the Supreme Court despite the hearing afforded to her, she currently has no right to continue in the bungalow.
“… 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,” it 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 said in its order.