Delhi HC to hear Mahua Moitra’s plea against eviction order from official residence

Delhi HC to hear Trinamool MP Mahua Moitra's plea challenging eviction from govt accommodation. She seeks to retain possession till 2024 LS election results.

The Delhi High Court will on December 19 hear a petition by Trinamool Congress leader Mahua Moitra, who was recently expelled from the Lok Sabha, challenging the cancellation of her government accommodation and asking her to vacate the house by January 7, 2024.

Earlier this month, Ms. Moitra was expelled from the Lok Sabha over cash-for-query allegations. The Trinamool MP was accused of taking bribes, including expensive gifts, from Dubai-based businessman Darshan Hiranandani in return for asking in questions in Parliament.

She has already moved the Supreme Court against her expulsion from Lok Sabha.

In her plea before the High Court, Ms. Moitra has urged for a direction to allow to retain possession of the accommodation till the results of the 2024 Lok Sabha elections are declared. She has challenged the Directorate of Estates’ December 11 order for eviction on the ground that the validity of her expulsion from the Lok Sabha is pending adjudication before the Supreme Court.

“In such circumstances — where whether the petitioner is an ‘unauthorised occupant’ at all is under adjudication before the highest constitutional court of the land — the respondent no. 1 (Directorate of Estates), as an executing authority, cannot initiate proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971 for evicting the petitioner,” the plea said.

“It is only once the petitioner’s claim over rightfully occupying the government accommodation is duly adjudicated, does the question of the estate office’s/ respondent no. 1’s jurisdiction arises,” the plea said.

The plea said she said she is living alone in Delhi and has no other place of residence or alternative accommodation here and, if evicted from her government accommodation, she will have to fulfil the duties of campaigning while also trying to find a new residence.