Mahua Moitra official residence case: Delhi HC to hear plea again on January 4
Delhi High Court has fixed January 4 for hearing on a plea moved by Trinamool Congress (TMC) leader Mahua Moitra seeking the quashing of notice issued by the Directorate of Estate cancelling her government allocated accommodation in Delhi.
The Trinamool Congress leader had approached the court challenging cancellation of her govt accommodation. It may be noted here that she had been asked to vacate her official residence by January 7.
Motra's petition had urged that the «Directorate of Estates' December 11 order be set aside or, in the alternative, Moitra be allowed to retain possession of the accommodation till the results of the 2024 Lok Sabha elections are declared.»
In her plea before the court, Moitra said the Directorate of Estates' order has been issued following her expulsion from the Lok Sabha.
According to the petition, «The impugned order is premature as the validity of the petitioner's expulsion is pending adjudication before the Supreme Court of India.»
«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.
»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.
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
