Delhi High Court - Orders
Dr. Subramanian Swamy vs Union Of India & Anr on 24 May, 2022
Author: Yashwant Varma
Bench: Yashwant Varma
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7868/2022, CM APPL. 24041/2022 (Stay)
DR. SUBRAMANIAN SWAMY ..... Petitioner
Through: Mr. Jayant Mehta, Sr. Adv. with Mr.
Satya Sabharwal, Mr. Vishesh
Kanodia and Mr. Amrit Singh, Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Asheesh Jain, CGSC with Mr.
Adarsh Kumar Gupta, Mr. Keshav
Mann, Ms. Nitya Sharma, Advs. with
Mr. Hari M.P., Dy. Director,
MoHUA.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
ORDER
% 24.05.2022 Mr. Jain, learned CGSC, on instructions has apprised the Court that in terms of the O.M. of 27 December 2000, no private person is entitled to allotment of Government accommodation unless he/she be an SPG protectee. According to learned counsel, the premises in question was allotted to the petitioner based on a note which was submitted by the Ministry of Home Affairs to the Cabinet Committee on Accommodation. It is based on the recommendation framed by the CCA that the house came to be allotted to the petitioner notwithstanding the fact that the petitioner is not a SPG protectee. It is further submitted that subsequently the petitioner came to be elected as a Member of the Rajya Sabha and continued in the Signature Not Verified Digitally Signed By:NEHA Signing Date:26.05.2022 11:51:17 accommodation as such for a period of five years. His stay in the subject accommodation was permitted based on the above. It is contended that upon completion of the aforesaid term, the allotment cannot be continued in light of the O.M. aforenoted. He however submits that presently the respondents have sought necessary comments and inputs from the Ministry of Home Affairs and upon receipt of the same, a final decision shall be taken with respect to the prayers made in the writ petition.
In view of the aforesaid, let this writ petition be called again on 06.07.2022.
YASHWANT VARMA, J.
MAY 24, 2022 SU Signature Not Verified Digitally Signed By:NEHA Signing Date:26.05.2022 11:51:17