Decide AAP's Plea For Temporary Accommodation For Office Space Within Six Weeks: Delhi High Court To Centre

The Delhi High Court on Wednesday directed the Central Government to decide within six weeks Aam Aadmi Party's request for temporary accommodation till a land is allotted to it for construction of permanent office space in the national capital.

AAP has to vacate its current party office at Rouse Avenue by June 15.

Justice Subramonium Prasad held that AAP has no right to claim the unit of one of its ministers situated at Deen Dayal Upadhyay (DDU) Marg as its temporary office.

However, the court held that AAP is entitled to use a housing unit from the general pool and that mere pressure or non-availability is no reason for rejection of AAP's plea.

“The Respondents are directed to consider the request of the Petitioner within six weeks from today and take a decision by passing a detailed order as to why even one housing unit from the GPRA cannot be allotted to the Petitioner when all other political parties have been allotted similar accommodation from the GPRA,” the court said.

Justice Prasad noted that on being recognised as a National Party, AAP last year had requested the DoE for allotment of a housing unit from the GPRA to be used as an office premises until a parcel of land is allotted to it for construction of office premises. However, the court noted that there was no material on record to show that the said request was rejected. 

“This Court can take judicial notice of the fact that there has always been pressure on the Pool of house available for allotment to the officers but that pressure has not deterred allotment of houses to other political parties for office purposes inaccordance with the Consolidated Instructions for allotment of Government Accommodation from General Pool to National and State level Political Parties,” the court said.

It added: “The fact that there is a huge pressure cannot be the only reason for the Respondents to deny the Petitioner its right to be allotted an accommodation from the GPRA for setting up its party office.”

The court disposed of AAP's plea seeking direction on the Union Government to allot a housing unit from the General Pool for office use on payment of license fee, at the earliest being a recognized national party and until permanent office premises can be constructed.

It was AAP's case that the unit on Deen Dayal Upadhyay (DDU) Marg ought to be temporarily allotted to it.

Senior Advocate Rahul Mehra appearing for AAP had contended that a national party is entitled to a temporary office until the land is allotted to it for construction of a permanent office space.

He had said that one of the AAP ministers was willing to forgo his occupation of a unit on DDU Marg in favour of the party.

Meanwhile, the court had listed for hearing on July 15 AAP's plea seeking direction on the Union Government to allot suitable land to it being a recognized political party for construction of its offices.

The plea seeks a direction on the Union Government to ensure that the land so allotted to it is “preferably in centrally located areas” in the national capital and “free from encumbrances and encroachments” so that the construction for office space may be commenced immediately.

Earlier, the Apex Court had directed AAP to vacate its office at New Dehli, situated in the plot earmarked for the Delhi judiciary, by 15 June, so that land allotted to expand the district judiciary footprint can be used for the purpose.

Title: AAM AADMI PARTY v. UNION OF INDIA & OTHERS

Citation: 2024 LiveLaw (Del) 688

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