"No Lawful Right To Be In Occupation" : Supreme Court Asks AAP To Vacate Delhi Office In Plot Meant For Judiciary By June 15

The Supreme Court on Monday (March 4) directed the Aam Aadmi Party (AAP) to vacate its office at New Dehli, situated in the plot earmarked for the Delhi judiciary, by 15 June 2024, so that land allotted to expand the district judiciary footprint can be used for the purpose.

"In view of the impending elections, we grant time till 15 June 2024 to vacate the premises so that the land which has been allotted for the purpose of expanding the footprint of the district judiciary can be duly utilized on an expeditious basis", the Court observed in the order.

The Court also granted liberty to the AAP to apply to the Land and Development Office (L&DO) of the Government of India for allotment of an alternate land. The Court asked the L&DO to consider the application in accordance with law and communicate its decision to the AAP within a period of four weeks.

The Court also recorded in its order that the Delhi High Court is in urgent need of the allotment of premises for housing the new recruits, for which courtrooms are not available. Since the MTNL building, which was earlier proposed, has been found to be unsuitable, the Court directed the Chief Secretary of the Delhi Government to come up with an alternate proposal within a period of two weeks and communicate it to the Chief Justice of the High Court.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra passed the order.

Earlier, on February 13, the Court had taken note of a statement made by Advocate K Parameshwar (the amicus curiae in the matter relating to judicial infrastructure) that the plot earmarked for the Delhi Judiciary is under the occupation of a "political party", which has built its party office there. Taking a serious view of the matter, the Court stated that a specific timeline should be given to it for the removal of the encroachment.

Later, the AAP filed an affidavit before the Supreme Court stating that the plot was allotted to it by the Delhi Government in 2015 and that it was only in 2020 that the plot was earmarked by the Land and Development Office (L&DO) of the Government of India for building additional courtrooms for Rouse Avenue Court Complex. AAP submitted that being a Political Party of National Importance, the subject land, ie. Bungalow No.206, Rouse Avenue, New Delhi had been allotted to the party in the light of Policy Guidelines for Allotment of Land to Political Parties dated 9.11.2012 framed by the Land & Development Office (L&DO), Government of India. AAP also expressed its willingness to vacate the premises in the interests of the judiciary but requested some time and the allotment of an alternate space in view of the impending general elections and the fact that the other five national parties are operating from Delhi.

In the hearing today, Senior Advocate Abhishek Manu Singhvi, appearing for the AAP, submitted that it is entitled to the land in Delhi in accordance with its status as a national party. Singhvi submitted that the alternate land which was proposed to be allotted to it was situated in Badarpur, at the outskirts of the city. Alleging that there were political malafides behind the decision of the L&DO, Singhvi stated, "A particular government does not want me to be flourishing and working".

Solicitor General of India Tushar Mehta submitted that the land allotment to the AAP was revoked in June 2017 and at least since 2017, it is an "encroacher".

Amicus Parameshwar informed the bench that by communication dated 13.06.2017, the Public Works Department of the Delhi Government informed the National Secretary of the AAP that the allotment of Bungalow no.206 at Rouse Avenue stood revoked as per the directions of the LG. Singhvi stated that the High Court set aside this communication.

The Court noted that the Delhi High Court, set aside the order revoking the allotment to the AAP and remanded the matter to the LG for fresh consideration. Following the order of the Delhi High Court, a fresh order was passed by the LG reiterating the revocation.

"Dr.Singhvi, after 2017, you have no lawful right to be in occupation. That you cannot deny," CJI Chandrachud told Singhvi during the hearing.

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