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AAP office space allotment: Delhi HC asks Centre to take decision within six weeks

Wed, 05 Jun 2024 18:22:41  S O Correspondent   PTI

New Delhi: The Delhi High Court on Wednesday said the AAP is entitled to space for a party office here like other national political parties and asked the Centre to take a decision on the issue within six weeks.

Justice Subramonium Prasad observed that national political parties have the right to one housing unit from the general pool in Delhi for office use on payment of licence fee until they have acquired land for constructing their own.

"Pressure" or non-availability of a house in the general pool cannot be a reason for rejection of the request, the judge said.

"The fact that there is a huge pressure cannot be the only reason for the Respondents to deny the Petitioner (AAP) its right to be allotted an accommodation from the GPRA for setting up its party office," the court said in its order.

"The Respondents are directed to consider the request of the Petitioner within six weeks from today and take a decision by passing a detailed order as to why even one housing unit from the GPRA (General Pool Residential Accommodation) cannot be allotted to the Petitioner when all other political parties have been allotted similar accommodation from the GPRA.

"Let a detailed order deciding the request of the Petitioner be provided to the Petitioner," it ordered.

If the AAP's representation is rejected by the Centre, the party can take appropriate steps under law, the judge added.

The Aam Aadmi Party (AAP) sought allotment of space for its office by the Centre on account of it being recognised as a national party.

It had moved the court last year with two separate petitions seeking a piece of land in the national capital for constructing its offices in view of its improved status as a recognised national party or allotment of a housing unit on licence basis for the time being.

Its petition seeking allotment of land is still pending in the high court.

Considering that the AAP needs to vacate its current office in Rouse Avenue by June 15, the party's counsel had argued that a unit on Deen Dayal Upadhyay (DDU) Marg, which is at present with one of its Delhi government ministers, ought to be temporarily allotted to it.

Justice Prasad, however, said the party cannot claim entitlement to the DDU Marg property as it was given to the Delhi government and not the party, and as per record, the possession has to be handed over to the L&DO (Land and Development Office).

The court said while it cannot permit AAP to establish its office at the DDU Marg premises, the fact that it is a national political party cannot be overlooked.

The court also said the dispute between the parties regarding allotment of land to the petitioner party cannot be a reason to deprive it of its entitlement to 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".

"A perusal of the said Clause indicates that 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 and the said accommodation will be provided for a period of three years during which the party would acquire a plot of land in an institutional area and will construct its own accommodation for party office," the court noted.

It observed that after being recognised as a national party, the AAP had last year requested for allotment of a housing unit from the pool until a parcel of land is allotted to it for construction of office premises and there is no material on record to show that this request 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 court said.

The Arvind Kejriwal-led party has said in court that since land has been allotted by the authorities for the construction of office premises to all other national parties in central locations in New Delhi, it is incumbent upon them to ensure that a similar allotment is also made to it in accordance with its entitlement as per the Centre's policy.

Central government lawyer had opposed the petition and said AAP was offered land in Saket area in 2014 for its offices but the same was not accepted and, currently, allotting a housing unit from the pool was not feasible due to acute shortage and the property at DDU Marg also cannot be given to it.

The court said the fact that the party did not accept the plots in Saket for construction of their permanent office as a state party in 2014 or that it has not responded to an offer regarding another plot in that area for construction of its party office as a national party in 2024, is of no consequence and cannot be taken as an argument to deny it a temporary accommodation for a period of three years.

In March, the Supreme Court had granted the AAP time till June 15 to vacate its Rouse Avenue office after noting that the land was allotted to the Delhi High Court for expanding judicial infrastructure.


Tags: AAP Delhi HC