Did Not Encroach Delhi HC Land, Space Was Duly Allotted In 2015: AAP Tells SC
The AAP has said that its party office is not an encroachment since it was lawfully allotted to the party in 2015, before it was designated for the extension of the court complex
The Aam Aadmi Party has moved the Supreme Court against immediate removal of an "encroachment" by it on a land allotted to the Delhi High Court at Rouse Avenue area and has prayed to the court to not issue any directions without hearing it. The AAP has submitted before the top court that its party office is not an encroachment since it was lawfully allotted to the party in 2015, before it was designated for the extension of the Rouse Avenue court complex.
The AAP filed an intervention application in the top court on Thursday, saying that it is ready to vacate the said office premises but an immediate vacation will "severely prejudice" the party as well as the fairness of the electoral process in view of upcoming Lok Sabha elections.
The application has further stated that the allotment of office space for official party work is an essential element of public funding of elections in India and is designed to level the electoral playing field.
The party further requested the apex court that they should be asked to vacate the premises only after at least one of the two office spaces that they are entitled to are allotted to them as they are a national party.
The AAP has said that they were allotted the place by Government of NCT of Delhi in 2015 for its State Unit Office. A subsequent notice of cancellation of the said allotment was set aside by the Delhi High Court in 2017.
The Supreme Court on Tuesday slammed AAP for building a party office located in the Rouse Avenue area as the land was originally allotted to the Delhi High Court. The case came up in the Supreme Court while hearing a case pertaining to judicial infrastructure in the country.
The bench of Chief Justice of India (CJI) D.Y. Chandrachud and Justice JB Pardiwala and Justice Manoj Misra were told that when the officials of Delhi High Court went to take possession of land allotted to them, they found that the AAP had built an office on the land.
A seemingly irked CJI cautioned the counsel appearing for the Delhi government and remarked that no one can take law into their own hands. The CJI further said that the land must be returned to the High Court.
"How can a political party sit tight on that? Unencumbered possession must be given to the High Court. What will the High Court use it for? Only for the public and citizens." remarked the CJI.
The top court issued directions to the Chief Secretary of the Delhi government, the Secretary to the Delhi Public Works Department and the Finance Secretary to the Delhi government to hold a meeting with the Registrar General of Delhi High Court to ensure that encroachments are removed.
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