Delhi HC asks Centre to decide in 6 weeks AAP request seeking temporary accommodation for party office

A single judge bench of Justice Subramonium Prasad in a detailed order took note of ‘Consolidated guidelines for allotment of GPRA to Political parties’ as per which National Political Parties have a “right to retain/secure allotment of one housing unit from General Pool in Delhi for their office use on payment of licence fee”. The court said that the fact that AAP is a national political party cannot be overlooked.

Accommodation for 3 years

This accommodation, the court noted, is to be provided for three years during which the party “would acquire a plot of land in an institutional area and will construct its own accommodation for (the) party office”.

“The dispute regarding allotment of land to the Petitioner (AAP) cannot be a reason to deprive the Petitioner from its entitlement to be given a housing unit to be used as a temporary office in accordance with the Consolidated Instructions for allotment of Government Accommodation from General Pool to National and State level Political Parties,” the High Court said.

It further noted that after it was recognised as a national party in 2023, the AAP had requested the Directorate of Estates (DoE under Ministry of Housing and Urban Affairs) for allotment of a housing unit from the GPRA to use it as an office until land was allotted to it for construction of its office premises.

Respondents cannot deny right to petitioner: Delhi HC

“There is no material on record to show that the said request of the Petitioner has been rejected. This Court can take judicial notice of the fact that there has always been pressure on the Pool of house available for allotment to the officers but that pressure has not deterred allotment of houses to other political parties for office purposes in accordance with the Consolidated Instructions for allotment of Government Accommodation from General Pool to National and State level Political Parties. The fact that there is a huge pressure cannot be the only reason for the Respondents to deny the Petitioner its right to be allotted accommodation from the GPRA for setting up its party office,” the High Court underscored.

The High Court thereafter directed the Centre to consider the party’s request and take a decision within six weeks by passing a “detailed order as to why even one housing unit from the GPRA cannot be allotted to the Petitioner when all other political parties have been allotted similar accommodation”.

The High Court also directed that the order deciding AAP’s request be provided to the party so that it can take “other remedial steps” available to it under law in case the request is “not considered adequately”.

Party has no right to claim plots: Centre

The Delhi High Court, however, agreed with Centre’s contention that the party is “not the GNCTD and Plots No.23 & 24, DDU Marg, were given to the GNCTD” and not to the party and, hence the party “does not have right to claim” these two plots.

The High Court noted that the Land and Development Office had in September 2020 directed that the possession of Plot No 23 and 24 on DDU Marg is to be handed over by the Delhi government to the Land and Development Office.

“Material on record also discloses that the GNCTD is ready to hand over the two plots back to the L&DO. In view of the above, this Court is not prepared to accept the prayer of the Petitioner (AAP) to issue a Writ of Mandamus to the L&DO to permit the Petitioner to establish its office at Plots No.23 & 24, DDU Marg, a portion of which is currently in possession of a Minister of the Petitioner,” the High Court said.

President had sanctioned plots for allotment to Delhi government

The High Court noted that the President of India had sanctioned the allotment of plot nos 23 and 24, DDU Marg, to the Delhi government for setting up family courts in Delhi. The possession of the plots was taken by the Delhi government from the Land and Development Office on August 3, 2006.

On September 18, 2020, the allotment of these two plots on DDU Marg was “cancelled” in lieu of which a plot measuring 3.036 acre “contiguous and adjacent” to Rouse Avenue was allotted to the Delhi government “for the same purpose, i.e. for setting up of Family Courts”.

In the meantime, Bungalow number 206 on Rouse Avenue, which was in possession of the Delhi administration, was allotted to the AAP which was a regional party at the time, for running its party office on a temporary basis.

The High Court noted that this house comes within the plot measuring 3.036 acre, which has been allotted to the Delhi government for setting up of family courts. On March 4 this year, the Supreme Court directed the party to vacate the bungalow by June 15 so that the land which has been allotted for the purpose of expanding the district judiciary can be utilised for that purpose.