Supreme Court Extends Time For AAP To Shift Its Party Office From Plot Meant For Delhi Judiciary Till August 10

The Supreme Court on Monday (June 10) extended the time for the Aam Aadmi Party till August 10, 2024, to shift its national head office from the premises in Rouse Avenue in New Delhi, which has been earmarked for the expansion of Delhi judiciary.

On March 4, the Court had given a deadline of June 15 to the AAP to vacate the premises. Today, a vacation bench comprising Justices Vikram Nath and Sandeep Mehta allowed an application filed by the AAP seeking an extension of time till August 10. The bench clarified that the extension is granted as a "last opportunity" and will be subject to the party giving an undertaking to the Supreme Court's Registry that they will hand over vacant and peaceful possession of the property(plot no.306, Rouse Avenue, Delhi) on or before August 10, 2024.

"The premises in question is already allotted to the Delhi High Court in the year 2020 and because of the continuance of the applicant's possession, the expansion of the Delhi High Court is not only stultified but also the cost estimation is rising every year..," the bench observed in the order.

The issue of AAP's occupation of the plot meant for the judiciary was first brought to the attention of the Supreme Court in February this year when the Court was dealing with a matter regarding judicial infrastructure. Advocate K Parameshwar, appearing for the Delhi High Court, had informed a bench led by CJI DY Chandrachud that a "political party" was occupying the plot because of which the judiciary was facing difficulties. After the Court expressed surprise at this fact, the AAP filed an affidavit stating that the said plot had been allotted to it in 2015 and it was earmarked for the judiciary only subsequently in 2020. The AAP also contended that since it was having a national party status now, it was entitled to a plot in central Delhi at par with other national parties.

On March 4, the Court observed that the AAP had no legal right to be in occupation of the land after 2017 when it was informed by the Public Works Department of the Delhi Government that the allocation of the land to it had been revoked by the Lieutenant Governor. However, considering the impending Lok Sabha elections, the Court gave time till June 15 to vacate the plot.

Today, Parameshwar, appearing for the Delhi High Court, informed the vacation bench that the building cost is increasing 30-40% every year since the Delhi High Court is not able to take back possession of the land. He submitted that the extension should be the last opportunity. "We have a shortage of 90 court rooms. Training of new judicial officers is getting over in September. We are in dire straits. We are now in a situation to rent buildings for putting the judicial officers and run the court rooms. We don't want to suffer because of the tussle (between AAP and the Centre). The principal contest is they want somewhere in Central Delhi...we are not concerned about that," he submitted.

Senior Advocate Abhishek Manu Singhvi appeared for AAP.

Case Title : Malik Mazhar Sultan v. UP Public Service Commission Civil Appeal No.1867/2006

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