The Aam Aadmi Party (AAP) has told the Supreme Court that its lawful occupation of a premises in Rouse Avenue is being wrongly labelled as an “encroachment” of land allotted for the Delhi High Court.
The ruling party in Delhi and Punjab had come under the spotlight after the Supreme Court recorded in an order on February 13 that the party was illegally occupying the land earmarked for the High Court six years ago to construct court rooms.
A Bench headed by Chief Justice of India D.Y. Chandrachud had given the Delhi government time till February 19 (Monday) to fix a specific deadline to hand over the property to the Delhi High Court.
The party has now sought the permission of the court to intervene in the case and clear the air on the controversy.
“Far from being an instance of ‘encroachment’, the premises were officially allotted to the applicant [AAP] by the government of NCT of Delhi on December 31, 2015 for its State Unit office,” the intervention application said.
However, the party said it understands the need for judicial infrastructure for the welfare of Delhi’s citizens and has no cavil about relocating its State unit office to an appropriate space.
However, the application said an immediate vacation would mean that the party would be left with none of the two office spaces it is entitled to.
“This will severely prejudice the party as well as fairness of the electoral process, given the impending General Elections and the fact that the other five national parties are operating out of their allotted offices in New Delhi,” the AAP submitted.
‘Alternative allotments denied’
The party said that, in fact, its earlier requests for alternative allotments for its State Unit office were denied in June 2017.
It said the Delhi High Court had itself intervened judicially in August 2017, setting aside a notice of cancellation of the allotment of the space to the party. .
“Such 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 application said.
National party status
The AAP said it had risen to the status of a national party. The status has enhanced its need and entitlement to office spaces in the New Delhi municipal area. Each of the five other national parties were enjoying allotments in similar locations in the capital.
“Pursuant to the designation as a national party on April 10, 2023, AAP sent multiple requests to the government of India for allotment of office space for its national unit… no space has been allotted despite the passage of almost a year,” the application said.
Further, the party said there had been no explanation forthcoming from the Land and Development Office on why due diligence was not carried out to examine the pre-existing allotment of the space to the AAP.
The party urged the court that at least one alternative space should be allotted for its offices in the New Delhi municipal area before ordering vacation.
