New Delhi, Mar 5:
The Supreme Court on Monday directed the Aam Aadmi Party (AAP) to vacate its Office in New Delhi, situated in the plot earmarked for the Delhi judiciary, by June 15, so that the land allotted to expand the district judiciary can be used for the purpose.
A bench comprising Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra said “Because of the impending elections, we grant time till June 15, 2024, to vacate the premises so that the land that has been allotted to expand the district judiciary can be duly utilised on an expeditious basis”.
Highlighting the pressing need for premises to accommodate new judicial recruits due to the unavailability of courtrooms, the Court directed the Chief Secretary of the Delhi Government to propose an alternative location for Kejriwal’s party within two weeks. The proposed site should be communicated to the Chief Justice of the Delhi High Court.
The Court also granted liberty to the AAP to apply to the Land and Development Office (L&DO) of the Government of India for the allotment of an alternate land. The Court asked the L&DO to consider the application under law and communicate its decision to the AAP within four weeks.
In recent legal proceedings, the Court addressed the urgent need of the Delhi High Court for premises to accommodate recruits due to the unavailability of courtrooms. After finding the earlier proposed MTNL building unsuitable, the Court directed the Chief Secretary of the Delhi Government to present an alternate proposal within two weeks for consideration by the Chief Justice of the High Court.
On February 13, the Apex Court’s attention was drawn to the occupation of a designated plot by a political party, as noted by Advocate K Parameshwar, acting as an amicus curiae in the matter concerning judicial infrastructure. The Court, recognising the seriousness of the issue, emphasised the necessity of establishing a specific timeline for the removal of encroachments.
Subsequently, the Aam Aadmi Party (AAP) filed an affidavit before the Supreme Court asserting its entitlement to the plot, originally allotted by the Delhi Government in 2015. However, the plot was later earmarked by the L&DO for additional courtrooms for the Rouse Avenue Court Complex, prompting the AAP’s willingness to vacate the premises.
The AAP requested time and an alternative location, citing impending general elections and the presence of other national parties in Delhi.
During the proceedings, Senior Advocate Abhishek Manu Singhvi, representing the AAP, argued for the party’s entitlement to the land as a national party. Singhvi criticised the proposed alternative site’s location in Badarpur and the alleged political motives behind the L&DO’s decision.
Solicitor General of India Tushar Mehta contended that the AAP had been considered an encroacher since the revocation of its land allotment in June 2017.
Amicus Curiae Parameshwar informed the bench about a communication from the Public Works Department of the Delhi Government revoking the allotment of the plot to the AAP. Singhvi noted that the High Court set aside this communication.
