‘How are allotments made?’: Delhi HC raps Centre, demands to see files on plea seeking house for Arvind Kejriwal

The court’s remark came after Senior Advocate Rahul Mehra, appearing on behalf of the party, informed Justice Sachin Datta that the residence at 35, Lodi Estate, is still vacant, but the court was then informed by the Centre that the house has already been allotted to someone else.

Notably, Bahujan Samaj Party (BSP) chief Mayawati had resided at 35, Lodi Estate, for nearly a year before vacating it in May this year.

Kejriwal had vacated his 6, Flagstaff Road, residence on October 4 last year after resigning as Delhi Chief Minister in September 2024.

The AAP, in its plea moved in October last year, referred to an office memorandum of July 31, 2014 that states that “one residential accommodation would be allotted/allowed to be retained by the party president of a recognised National Party provided that no other accommodation has been allotted to him/her in any other capacity.”

AAP wrote to Directorate of Estates in 2023

The party, in its petition, pointed out that they wrote a letter on April 17, 2023, to the Directorate of Estates, requesting that a residential accommodation be allocated to the national secretary of the AAP “in a centrally located area of New Delhi,” but the letter was never responded to, following which the party then addressed three subsequent reminder letters dated August 22, 2023, September 13, 2023, and August 21, 2024.

Mehra argued, “They (Centre) don’t deny that I have a right, they say (they don’t have a vacant house to allot).”

Justice Datta also took an adverse view of the Centre taking repeated adjournments in the matter, including on three previous occasions when the ASG had failed to appear before the court. While the court was informed on August 26 that 35, Lodi Estate may be allotted to Kejriwal, Justice Datta expressed displeasure at the Centre’s subsequent allotment of the house pending the AAP’s petition before the high court.

‘Can’t pick and choose’

ASG Sharma emphasised, “They can’t insist anyway that this (35, Lodi Estate) has to be given, there’s a huge waitlist,” but Justice Datta, addressing ASG Sharma, orally stated, “Waitlist cannot deter allotment (as entitled)… What is the waiting list, who are the people, I want to see the file…you can’t pick and choose a person, that can’t be done. I want to know what is the governing policy for allotment from the general pool.”

“Last time also I made it clear… I want to know when this house was allotted to someone else…after August 26 or before? That is very crucial. And what other options do you have for the petitioner… You produce the entire record for general pool allotment,” he added.

The court has now posted the matter for September 18 when the Centre is expected to produce the records with respect to the allotment.