New Delhi, Apr 28 (PTI) The Delhi High Court Friday stayed an order asking Jasmine Shah, former vice chairperson of the Dialogue and Development Commission of Delhi (DDCD), to vacate his government accommodation.

Justice Prathiba M Singh said when the writ petition filed by Shah challenging his removal from the post of DDCD vice chairperson was already pending in the court, such an eviction order cannot be passed by the authorities.

Also Read | Maharashtra Shocker: Fight Over Leftover Gulab Jamun Leaves Wedding Attendees Injured in Pune's Hadapsar.

The court said the matter has already been heard 2-3 times.

"...under such circumstances, directions to the petitioner (Shah) to vacate his government residential premises and to treat him as an unauthorised occupant shall remain stayed,” the judge said.

Also Read | Sudan Updates: Heavy Fighting Erupts Despite Extended Truce.

The court's order came on an application filed by Shah seeking to direct the authorities that no further steps be taken by them pursuant to the April 25 order, issued by the special secretary of the Public Works Department, to evict him from the premises, forming his current and only place of residence.

The application was filed in a pending petition of Shah challenging a November 17, 2022 order issued by Director (Planning), Delhi government, on the LG's request to Chief Minister Arvind Kejriwal to remove him from the post of vice chairperson of DDCD, and pending such a decision, to restrain him from using his office space and withdraw the staff and facilities assigned to him.

The DDCD offices were subsequently sealed on the night of November 17 last year for preventing its alleged "misuse by Shah for political gains". The sealing exercise was undertaken by the Planning Department of the Delhi government.

"The impugned orders do not at all terminate the petitioner's designation or remove him from his post as vice chairperson. In such a case, an order directing his eviction from allotted government accommodation is entirely premature and without jurisdiction,” the plea said.

Shah was represented through senior advocate Rahul Mehra.

During the hearing, Additional Solicitor General Sanjay Jain, representing the LG, said the April 25 order was not issued by the LG and it was an order of PWD.

He said this order was an integral part of the original order passed in November last year vide which the issue has been referred to the President.

"This is a government accommodation under the Public Premises Act and withdrawing of the privileges including the house is already a part of the order,” Jain said, adding that the petitioner has only been declared an unauthorised occupant and he could not have the application here.

The judge said, “I must say I was very surprised to see this application.”

The case is already listed for hearing on May 24.

The Delhi lieutenant governor had earlier told the high court that it should not "pre-judge" the issue of removal of Shah from the post and should await the decision of the President in the matter.

Shah's counsel had argued that the reference to the President was not in accordance with law and the matters of appointment in the present instance fell within the domain of the chief minister, which has been recognised by the LG as well, and there was thus "no basis" for the orders under challenge.

It was argued the chief minister did not favour Shah's removal and in the absence of any consultation with the council of ministers, the LG could not have referred the matter to the President.

In December last year, the LG had told the court that the issue relating to removal of Shah was pending before the President in terms of Article 239AA (4) of the Constitution and it would be prudent of all authorities not to take any further action in the matter.

LG Vinai Kumar Saxena had said that Kejriwal, despite being aware that Shah's matter was now required to be decided by the President, issued an order on December 8, 2022 directing the Planning Department to immediately recall the order by which Shah was restrained from discharging his duties in DDCD.

In his petition, Shah submitted that the orders passed against him are a "gross abuse of power and process", "wholly without any merit, an instance of colourable exercise of authority, illegal, ex facie mala fide and patently lacking in jurisdiction".

He also assailed orders locking his office and withdrawing all facilities as well as privileges.

Shah was behind the Delhi government's ambitious electric vehicle policy and is the vice chairman of the think tank involved in drawing blueprints of various initiatives of the city government, including its food truck policy, electronic city, and shopping festival, among others.

He enjoys the rank of a Cabinet minister and is entitled to perks and privileges of a Delhi government minister like official accommodation, office, vehicle and personal staff.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)