New Delhi: In a key development in the plea against the Aam Aadmi Party encroaching land meant for expanding judicial infrastructure in the national capital, the Supreme Court on Monday granted the AAP time till June 15, 2024 to vacate its offices at Rouse Avenue here after noting that the land was allotted to the Delhi High Court.
A three-judge bench led by Chief Justice of India D Y Chandrachud noted that advocate K Parmeshwar, counsel, representing the Delhi High Court, has submitted that the statement which was recorded in the previous order to the effect that the AAP party is an encroacher is not reflective of the position of the high court.
The bench, also comprising justices J B Pardiwala and Manoj Misra, noted that it is submitted that the high court is only concerned with the completion of its project at the Rouse Avenue land in Delhi.
“In view of impending general elections, we grant time till June 15, 2024, to vacate the premises. So that the land which was allotted for the purpose of expanding footprints of district judiciary can be duly utilized on expeditious basis”, said the bench, in its order.
“In the meantime, we permit the AAP, represented by senior advocate A M Singhvi and advocate Shadan Farasat, on their request to move the Land and Development Office (L&DO) for allotment of land in accordance with law in the meantime….”, said the bench. “We would request the L&DO to process the application and communicate its decision within a period of four weeks”, it added.
Solicitor General Tushar Mehta, representing the Centre, clarified that chief secretary, Delhi government, did not make that statement regarding the encroachment by AAP, and somewhere in the news it came. “The position on record is that in 2015 they were placed in possession, it was the party in power through Cabinet placing the party in power in possession, which was revoked in 2017. Thereafter, it was remanded to competent authority in 2017…..so they have been encroachers since 2017 but that is not relevant”, said Mehta.
At the outset, CJI said, “Mr Singhvi...please in this matter you should not appear. You can’t oppose land for Delhi High Court. You must be supporting us..be with the judiciary on this…” To this, Singhvi said the party cannot be left on road office-less before Lok Sabha polls.
Mehta said AAP should not be allowed to hold the Supreme Court and Delhi High Court to ransom to secure for itself a new office in central Delhi. When AAP insisted that it will vacate only after given an alternative plot in keeping with its status as a national party, CJI told AAP counsel Singhvi that the party "should find a way yourself take appropriate steps and apply with the L& DO", and added, “you cannot use our good offices for getting a land or building allotted….".
The apex court noted that land in question was meant to construct additional courtrooms for the Rouse Avenue court. Singhvi said they are labelling the party as an encroacher and this is not fair. The CJI told Singhvi, “Actually speaking, after 2017 you have no lawful right to be in occupation that you cannot deny….”, said the CJI.
During the hearing, Singhvi said that the party should be given space for headquarters in central Delhi, as it is a national party and all national parties offices are located in central Delhi. Singhvi opposed allotting land to the party in Badarpur, in Delhi. AAP’s counsel submitted that a particular government “does not want me to be flourishing and working…”.
Singhvi submitted that AAP is one of the six national parties in the country. “They are telling us as a national party we get nothing. I’m given Badarpur, while everyone else is in better places,” Singhvi said.
The apex court had earlier directed the Delhi government and the registrar general of the Delhi High Court to hold a meeting for removal of encroachment by AAP on the land allotted to the Delhi High Court at Rouse Avenue.
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'Cannot Take Law In Your Hands': SC Slams AAP For Encroaching Land Allotted To Delhi HC
