SC upholds order for Rs 20 lakhs rent to Bihar Ex-MLA for overstay in govt accomodation

The Supreme Court expressed displeasure over the withholding of Government accommodation by the former MLA saying one should not hold on to Government accommodation endlessly

The Supreme Court on July 22 (Tuesday) upheld the Patna High Court order against former Bihar MLA Avinash Kumar Singh asking him to Rs 20 lakhs of house rent for overstaying at the government accommodation even after he ceased to be the MLA.

The Supreme Court expressed displeasure over the withholding of Government accommodation by the former MLA saying one should not hold on to Government accommodation endlessly, LiveLaw reported.

The bench of Chief Justice of India BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria hearing a challenge to the Patna High Court order upheld a government order against the former Bihar MLA asking him to pay 20 lakhs of house rent for overstaying at the government residence.

“One should not hold on to Government accommodation endlessly,” CJI Gavai said during the hearing, expressing displeasure over the conduct of the petitioner (former MLA).

The bench did not allow his plea and let him withdraw saying he was at liberty to take such steps as permissible in law.

Singh had filed a writ petition before a single bench of the Patna High Court seeking the quashing of government order for deduction of a sum of Rs. 20,98,757 (Twenty lakhs ninety eight thousand seven hundred fifty seven) as house rent from him.

It was said that he overstayed in the government residence which was allotted to him in the capacity of member of Bihar Legislative Assembly.

Singh was allotted the government quarter on his re-election as MLA in 2006 which he continued to hold till 2015.

In November 2015, the government asked him to vacate the residence so that it could be allotted to a minister.

The writ petition filed by Singh before the High Court was withdrawn unconditionally in January 2016 and a suit filed against forcible eviction was also withdrawn, the report said.
He was then served with the notice of house rent amount due against him in August 2016.

LiveLaw reported that he filed another writ application which was dismissed by the bench in January 2021.

Then he filed a Letters Patent Appeal before a division bench which upheld the house rent order and reprimanded him..

It was held, as reported by LiveLaw, that the moment he ceased to be an MLA he ought to have vacated the quarter immediately and should have requested for allotment of an appropriate accommodation in light of notification dated August 21, 2008.

It further said that instead of vacating the accommodation, he arbitrarily and illegally continued to occupy the government quarter no.3 located at Taylor Road, Patna.

It also noted that he was allegedly pressurizing the authorities to regularise the accommodation in his favour even after he had ceased to be an MLA.

“Undoubtedly the conduct of the petitioner was improper. There is no doubt that the petitioner continued to illegally occupy the Government Quarter No.3 situated at Taylor Road from 14.04.2014 to 12.05.2016 and therefore the demand of Rs.20,98,757/- as penal house rent is completely legal and justified,” the order said, reported by LiveLaw.

The court not just upheld the due amount but also modified it, directing the former MLA to "pay interest of 6% per annum on the said amount from August 24, 2016 up to the date of payment in the State Exchequer.”

It noted the “obstinacy on his part to continue to illegally occupy the government quarter despite being asked to vacate and pay rent”, the report said.