The Delhi High Court criticised the Centre’s delay in giving a government house to ex-CM Arvind Kejriwal, calling its approach a “free system for all.” The court demanded records on housing policy and waiting lists by September 18.
New Delhi: The Delhi High Court on Tuesday strongly criticised the Centre for delaying its decision on giving a government house to former chief minister Arvind Kejriwal in the national capital.
Justice Sachin Datta said the government’s style of functioning looked like a “free system for all” and warned that the authorities cannot choose selectively who should get a house and who should not.
The court directed the Centre to place before it, by September 18, the records showing the official policy for allotment of residences from the general pool and the current waiting list.
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The case came up after the Aam Aadmi Party (AAP) filed a petition asking the court to issue directions to the Centre to allot a government accommodation in Delhi to Kejriwal.
Senior advocate Rahul Mehra, appearing for AAP, told the court that earlier the government counsel had asked for more time to take instructions on the party’s proposal to allot the bungalow at 35 Lodhi Estate to Kejriwal.
However, instead of considering this, the government gave the same house to someone else. That bungalow was earlier occupied by BSP supremo Mayawati and had been vacated in May this year.
Mehra further complained that whenever the matter was listed, the Centre’s lawyer kept seeking passovers, saying the Additional Solicitor General (ASG) was not available.
He argued that on the previous dates also, the Centre delayed the proceedings in court and meanwhile went ahead and allotted the bungalow to another person.
ASG Chetan Sharma admitted before the court that the bungalow at 35 Lodhi Estate was allotted to a minister of state (MoS). He requested the judge to give him some time so that he could come back with full details of the allotment.
He also said that
“a political party could not demand allocation of a particular bungalow”
and pointed out that there is already “a long waiting list” for government accommodations.
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Sharma added that Kejriwal would get an official house
“as and when it becomes possible”.
The judge then asked the Centre to state clearly the exact date when bungalow number 35 at Lodhi Estate was given to the MoS. Justice Datta told the government’s lawyer,
“It is completely unacceptable, you have allotted 35 Lodhi Estate, while you seek passovers. You are not interested in this matter. Last time, the same thing happened. Previous day also. There was a clear direction for records. The waiting list cannot deter allotment. It has never deterred in the past.”
The court went on to add,
“I want to know the governing policy for allotment from the general pool. What is the waiting list? You cannot pick and choose. I want to see when it (35 Lodhi Estate) has been allotted. Before August 26 or later, that is very crucial.”
AAP also told the court that according to the guidelines for allotment of government houses from the general pool to political parties, the president of a recognised national party has a right to one government residence in Delhi, provided that the person does not own a house or has not been given a house in any other official role.
The party’s lawyer said,
“All pre-conditions are met. There is a national convenor, who is also the national president. We are requesting a centrally located residence.”
According to AAP, it had first written to the government on September 20 last year asking for the allotment, and again sent a reminder later, but no action was taken.
The petition also mentioned that Kejriwal vacated his official residence at 6, Flagstaff Road on October 4, 2024, after resigning as Delhi chief minister. Since then, he has been staying temporarily at the government residence of another party leader near Mandi House.
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