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NEW DELHI: After activating the method to wrest the Chief Justice of India’s official residence from overstaying ex-CJI D Y Chandrachud, Supreme Court Tuesday stated nobody can occupy official residence indefinitely and dismissed a former Bihar MLA’s plea towards Rs 21 lakh penal hire for staying in an upscale bungalow for 2 years after resigning as a legislator.Appearing earlier than a bench of CJI B R Gavai and Justices Ok Vinod Chandran and N V Anjaria was former Bihar MLA Avinash Kumar Singh, who was ordered to pay a penal hire of Rs 21 lakh for overstaying at his govt bungalow on Taylor Road, Patna, for 2 years from April 2014 until May 2016.He argued towards the “illegal demand of huge sum” and stated he was entitled to a govt lodging after being nominated to ‘State Legislature Research and Training Bureau’ as a 2009 govt notification entitled members of the bureau to MLA-level perks, together with a home.The apex court docket bench dismissed his petition and stated, “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 advised SC that the hire demand for 2 years at Rs 21 lakh was exorbitant and requested the court docket to look at this problem. But the bench remained agency, forcing him to withdraw the petition to avail different treatments accessible in accordance with legislation.Singh, a five-time MLA from Dhaka constituency, resigned in March 2014 to contest Lok Sabha elections, which he misplaced. He was later nominated to the bureau. His petition towards the demand of hire was dismissed by Patna HC, which had stated the 2009 notification didn’t entitle him to proceed within 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 stated. It had requested Singh to pay 6% curiosity each year on the quantity due as hire to Bihar govt.The SC in two famend judgments – ‘Lok Prahari’ and ‘S D Bandi’ circumstances – had dominated that public figures can’t unauthorisedly occupy govt bungalows utilizing their clout and had ordered all govts to take eviction motion towards such occupants.
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