Delhi HC Reserves Decision on AAP’s Plea for Temporary Office Space Allocation

Today(on 27th May), The Delhi High Court has reserved its judgment on AAP’s plea for office space allocation by the Centre, stressing urgency due to the impending eviction from its Rouse Avenue office by June 15. AAP’s senior counsel argues for a temporary unit allocation on Deen Dayal Upadhyay (DDU) Marg.

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Delhi HC Reserves Decision on AAP's Plea for Temporary Office Space Allocation
DELHI HIGH COURT

NEW DELHI: Today(on 27th May), The Delhi High Court has reserved its judgment on the plea filed by the Aam Aadmi Party (AAP), which seeks the allocation of office space by the Centre, citing its recognition as a national party. This plea holds urgency as the party’s current office on Rouse Avenue must be vacated by June 15. AAP’s senior counsel has argued for the allocation of a temporary unit on Deen Dayal Upadhyay (DDU) Marg for the party’s operations.

The court suggested that a decision regarding the temporary allocation of space is expected to be made on June 5.

Justice Subramonium Prasad stated-

“I plan to attempt pronouncing it during the vacation, likely on the 5th of June.”

AAP had approached the court last year with two separate petitions. These petitions sought either a piece of land in the national capital for constructing its offices, given its status as a recognized national party, or a temporary housing unit on a license basis.

While reserving the verdict on the allotment of temporary accommodation, the court scheduled the hearing for the petition regarding the allotment of land to the AAP for July 10.

Senior advocate Rahul Mehra, representing AAP, argued that a national party is entitled to a temporary office until land is provided for constructing a permanent office. He mentioned that one of the ministers in the AAP government was ready to vacate his unit on Deen Dayal Upadhyay (DDU) Marg for the party’s use.

Mehra asserted-

“It’s crucial to establish a fair and equitable playing field. Allocating the plot on DDU land to AAP under current circumstances wouldn’t prejudice the Centre.”

Emphasizing the temporary nature of their request, Mehra said-

“I’m not claiming a permanent entitlement. I’m simply requesting a temporary allocation for two to three months, until proper land is allotted. My minister will remain without government accommodation in the meantime.”

On the other hand, the central government’s lawyer argued that the allotment should come from the general pool, as there is no exclusive list for political parties. He pointed out that AAP was offered land in 2014 for its offices, but the offer was not accepted. He further stated that currently, allocating a housing unit from the pool was not feasible.

While the Delhi High Court deliberates on the issue, the immediate prospects for AAP’s office accommodations remain uncertain. The decision, expected by June 5, will clarify whether the party can temporarily occupy the unit on DDU Marg until a permanent solution is determined.

The Aam Aadmi Party (AAP) has been directed by the Supreme Court to vacate its Rouse Avenue office by June 15. This decision stems from the allocation of the land for the expansion of the Delhi High Court’s judicial infrastructure. As the deadline approaches, AAP has intensified its efforts to secure alternative office space, stressing the urgent need for a suitable allotment.

The matter dates back to March when the Supreme Court granted AAP an extension until June 15 to vacate its Rouse Avenue premises. The court’s decision was predicated on the fact that the land was originally designated for the Delhi High Court to expand its judicial infrastructure.

The senior lawyers representing AAP have argued that the party requires alternative housing to continue its operations effectively.

They highlighted that –

“An alternative accommodation must be allocated to AAP since its current office needs to be vacated by June 15, and constructing a new building on any allocated land cannot be accomplished in the interim.”

In its petition, AAP argues that authorities have consistently allocated land for office premises to other national parties in central areas within New Delhi. The petition stresses the importance of similar provisions being made for AAP to uphold fairness and adhere to the Centre’s policy.

It emphasizes that –

“Given that authorities have assigned land for constructing office premises to all other national parties in central locations in New Delhi, it is crucial for them to guarantee a comparable allocation to the petitioner in line with its entitlement under the Centre’s policy.”

AAP’s plea seeks to overturn the Union Ministry of Housing and Urban Affairs’ letters dated June 26 and September 15 of the previous year. These letters rejected AAP’s request for land allocation, citing the unavailability of vacant land at DDU Marg or other centrally-located areas in Delhi.

The rejection was met with significant disapproval from AAP, which argued that –

“The refusal becomes even more concerning as the petitioner is an opposition party. Therefore, it is the responsibility of the respondents to facilitate the complete exercise of democratic freedoms by opposition parties, instead of abusing their authority to suppress such rights.”

AAP additionally argues that the refusal to allocate land has significantly impeded its operations in contrast to other national parties that have sufficient office premises.

The petition states that –

“The refusal to allocate land has put the party at a significant disadvantage compared to other national parties, thus undermining the core principles of a democratic parliamentary system and hindering the party’s proper functioning due to the lack of adequate office premises.”

Due to the urgency of the matter, AAP has requested judicial intervention to compel the Union Ministry to initiate appropriate legal measures for allocating suitable land for its offices in New Delhi.

The petition emphasizes the need for-

“a directive from the Union ministry to take necessary legal measures to allocate appropriate land in New Delhi, facilitating the prompt construction of offices for both its national and Delhi state units.”

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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