Supreme Court Asks AAP To Vacate Party Office On Delhi HC's Land By June 15
The court also permitted AAP to move the L&DO for allotment of land. And directed L&DO to process the application in accordance with law in the meantime and communicate its decision within 4 weeks.
The Supreme Court on Monday gave the Aam Aadmi Party (AAP) time till June 15 to vacate its party office in Delhi's Rouse Avenue. The court also permitted AAP to move the Land and Development Office (L&DO) for fresh allotment of land for party office. The court also directed L&DO to process the application in accordance with law in the meantime and communicate its decision within 4 weeks.
The bench led by the CJI DY Chandrachud also directed the chief secretary of L&DO to come up with an alternate proposal and submit before the rouse avenue court since it is in urgent need of space.
The court was hearing the matter on judicial infrastructure and Aam Aadmi Party's alleged encroachment of land allotted to Delhi High Court for expansion.
Senior Advocate AM Singhvi appearing for AAP told the top court that "a particular government does not want me to be flourishing and working."
Singhvi further told the court that the GNCTD has given the plot to district judiciary in 2020, whereas it was allotted to AAP in 2015.
Singhvi further told the court that when AAP applied for fresh land allottment they were told to go to Badarpur while other national parties are in better areas.
The top court said that in view of impending general elections, it is granting time till June 15 , 2024 to the AAP to vacate the premises so that land allotted to extend district judiciary footprint can be used for the purpose.
Earlier in February, the Supreme Court slammed the AAP for "encroaching" over the land allotted to Delhi High Court. The case came up in the apex 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.
An irked CJI cautioned the counsel appearing for the Delhi government and remarked that no one can take law into their own hands.
"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 then 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.
Following which, the AAP filed an intervention application in the top court, 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.
AAP requested the top court to not issue directions for an immediate removal without hearing it. The AAP contended 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 application 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.
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