Manas Dasgupta
NEW DELHI, Mar 4: The Supreme Court on Monday has directed the Aam Aadmi Party to vacate its Delhi office, which stands on a plot of land meant for the Delhi High Court, by June 15.
A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said the AAP has no lawful right to continue on the land. The bench gave the Delhi’s ruling party extra time to vacate the premises in view of the upcoming Lok Sabha elections. Underscoring that it is a case of encroachment, the Supreme Court asked the Aam Aadmi Party to vacate its political office by June 15.
The order to vacate the office came as it is located on a plot that was allotted to the Delhi High Court for the purpose of expanding a district court. The party has been allowed to apply to the Centre’s Land and Development Office for alternate land. “We would request the L&DO to process the application and communicate its decision within a period of four weeks,” said the bench.
In February, the court had observed that AAP was encroaching on the land, which was allotted to the Delhi High Court for an expansion project — the building of additional court rooms for the Rouse Avenue court. The top court took note of the matter while dealing with a case related to judicial infrastructure across the country.
Following a court order, a meeting was held on February 15, during which the state government had assured that the plot would be vacated in two months, provided an alternative plot was given. But the matter did not move forward.
On Monday, the angry judges questioned the lapse. The CJI said no one can take the law into their own hands. “How can any political party sit on it? All encroachments will be removed… The High Court should be given possession of the land, which can be used for the public and citizens,” Justice Chandrachud said.
“We direct that the Chief Secretary, PWD Secretary and Finance Secretary of Delhi Government should convene a meeting with the Registrar General of the High Court before the next date to ensure resolution of all issues,” he added.
It has directed the Land and Development Office to process the party’s request within four weeks. It also asked the department to communicate its decision by the stipulated time.
The AAP argued that its party office near the Rouse Avenue court was not an encroachment since it was allotted long before it was allocated for the extension of the court. AAP’s lawyer Abhishek Manu Singhvi said the land was used by the NCT between 1993 and 2015, when it was allotted to AAP. He pointed out that AAP is one of India’s 6 national parties.
AM Singhvi said that the BJP has an office of equal size in the same area. However, 2 months before the elections, they are “put on the road”, he added. Mr Singhvi claimed AAP has been asked to build its office in Delhi’s Badarpur area. He also claimed that LNDO has two plots in the same area which can be allotted to AAP.
Singhvi said if AAP was asked to move to Badarpur, all other parties must also do the same. He said the party should at least get a space in central Delhi. Chief Justice of India DY Chandrachud later granted AAP time till June 15, 2024, to vacate the premises “so that land allotted to extend district judiciary footprint” can be used.
Solicitor General Tushar Mehta questioned why AAP has to be given alternate land. “If they want to evacuate then let them evacuate. What is this condition?” he said. The allocation, he added, was made to the government and it gave it to the party. “But they have to evacuate… How can they hold the Supreme Court and the High Court at ransom?” he added.
In an earlier hearing, the top court had criticised the Delhi government for its “indifferent attitude” towards providing funds for infrastructure in the Delhi district judiciary. At the time, the Chief Justice of India had said approval had been granted for three of the four projects by March 2021. Funds, however, were yet to be released for these projects.
“In view of the impending general elections, we grant time until June 15, 2024 to vacate the premises so that land allotted to expand the district judiciary’s footprint can be utilised on expeditious basis,” the court said. The top court had earlier directed the Delhi government and the Registrar General of the Delhi High Court to hold a meeting for removal of encroachment by AAP on the land allotted to the HC at Rouse Avenue.