NEW DELHI: After activating the process to wrest the Chief Justice of India's official residence from overstaying ex-CJI D Y Chandrachud , Supreme Court Tuesday said no one can occupy official residence indefinitely and dismissed a former Bihar MLA 's plea against Rs 21 lakh penal rent for staying in an upscale bungalow for two years after resigning as a legislator.
Appearing before a bench of CJI B R Gavai and Justices K Vinod Chandran and N V Anjaria was former Bihar MLA Avinash Kumar Singh, who was ordered to pay a penal rent of Rs 21 lakh for overstaying at his govt bungalow on Taylor Road, Patna, for two years from April 2014 till May 2016.
He argued against the "illegal demand of huge sum" and said he was entitled to a govt accommodation after being nominated to 'State Legislature Research and Training Bureau' as a 2009 govt notification entitled members of the bureau to MLA-level perks, including a house.
The apex court bench dismissed his petition and said, "Once you resigned as a legislator, you should have vacated the govt bungalow within the stipulated time. No one can hold on to a govt bungalow indefinitely."
The MLA's counsel Anil Mishra told SC that the rent demand for two years at Rs 21 lakh was exorbitant and requested the court to examine this issue. But the bench remained firm, forcing him to withdraw the petition to avail other remedies available in accordance with law.
Singh, a five-time MLA from Dhaka constituency, resigned in March 2014 to contest Lok Sabha elections, which he lost. He was later nominated to the bureau. His petition against the demand of rent was dismissed by Patna HC, which had said the 2009 notification did not entitle him to continue in the bungalow earmarked for legislators.
"It nowhere provides that a former MLA can retain the same quarters. The notification only allows general benefits such as accommodation, not a specific entitlement to a previous allocation," HC had said. It had asked Singh to pay 6% interest per annum on the amount due as rent to Bihar govt.
The SC in two renowned judgments - 'Lok Prahari' and 'S D Bandi' cases - had ruled that public figures cannot unauthorisedly occupy govt bungalows using their clout and had ordered all govts to take eviction action against such occupants.
Appearing before a bench of CJI B R Gavai and Justices K Vinod Chandran and N V Anjaria was former Bihar MLA Avinash Kumar Singh, who was ordered to pay a penal rent of Rs 21 lakh for overstaying at his govt bungalow on Taylor Road, Patna, for two years from April 2014 till May 2016.
He argued against the "illegal demand of huge sum" and said he was entitled to a govt accommodation after being nominated to 'State Legislature Research and Training Bureau' as a 2009 govt notification entitled members of the bureau to MLA-level perks, including a house.
The apex court bench dismissed his petition and said, "Once you resigned as a legislator, you should have vacated the govt bungalow within the stipulated time. No one can hold on to a govt bungalow indefinitely."
The MLA's counsel Anil Mishra told SC that the rent demand for two years at Rs 21 lakh was exorbitant and requested the court to examine this issue. But the bench remained firm, forcing him to withdraw the petition to avail other remedies available in accordance with law.
Singh, a five-time MLA from Dhaka constituency, resigned in March 2014 to contest Lok Sabha elections, which he lost. He was later nominated to the bureau. His petition against the demand of rent was dismissed by Patna HC, which had said the 2009 notification did not entitle him to continue in the bungalow earmarked for legislators.
"It nowhere provides that a former MLA can retain the same quarters. The notification only allows general benefits such as accommodation, not a specific entitlement to a previous allocation," HC had said. It had asked Singh to pay 6% interest per annum on the amount due as rent to Bihar govt.
The SC in two renowned judgments - 'Lok Prahari' and 'S D Bandi' cases - had ruled that public figures cannot unauthorisedly occupy govt bungalows using their clout and had ordered all govts to take eviction action against such occupants.
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