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Synopsis

Justice Yashwant Varma of the Delhi High Court on Wednesday directed former member of Rajya Sabha Dr. Subramanian Swamy to hand over possession of his government-allotted Bungalow in Delhi within six weeks.

The court was hearing a plea filed by Subramanian Swamy for re-allotment of his government accommodation in the Type 7 bungalow, which was allotted to him on January 15, 2016, given the security threats.

Counsel for Swamy, Senior Advocate Jayant Mehta, contended, “My security has not gone down, till today I have several guards, shifting to my accommodation would cause difficulty, in providing the basic needs to my security personnel”.

Menta stated that since Swamy's security has not gone down, and he is still a “Z-security protectee”, he would need the Ministry of Home Affairs to ensure that they will assist him in shifting with safety and security.

Counsel for Union, CGSC Asheesh Jain agreed to assist him with safety and security while shifting.

Jain stated that Swamy was allotted the government accommodation for 5 years starting from 2016, and was supposed to vacate the accommodation after the expiry of the period. He further stated that currently Swamy is an unauthorized occupant as per the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1958.

Accordingly, court noted that "as the allotment made has expired, and no material mandates re-allotment of a 'Z- security protectee', therefore, Swamy is directed to hand over the possession of the government accommodation within six weeks and shift to his accommodation in Nizamuddin East". Court also left it open for both parties to approach the estate officer in case of any issue.

Case Title: Dr. Subramanian Swamy v. Union of India & Anr.