Chief Justice DY Chandrachud warned the counsel representing the Delhi government that the Supreme Court will not tolerate any individual or entity “taking the law into their own hands.”
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The Supreme Court expressed dissatisfaction Today over the Aam Aadmi Party (AAP) political office located at Rouse Avenue in Delhi, which was constructed on “encroached land” originally allotted to the Delhi High Court.
This issue came to the Court’s attention while dealing with a case concerning judicial infrastructure nationwide.
The bench, consisting of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra, was informed by Amicus Curiae K Parameshwar that although Delhi High Court officials attempted to take possession of certain allotted land, “a political party office was constructed there,” and they were unable to reclaim the land.
Bharat Parashar, Law Secretary to the Government of Delhi, also informed the Court that the AAP has possessed the land since 2016.
An annoyed Chief Justice of India cautioned the counsel representing the AAP-led Delhi government that the land must be returned to the High Court.
“No one is above the law… How can a political party retain control of that land? Unobstructed possession must be restored to the High Court. What purpose will the High Court serve with it? Solely for the benefit of the public and citizens. Why was the land then allocated to the High Court?”
-remarked the CJI.
The Court directed the Chief Secretary of the Delhi government, the Secretary to the Delhi Public Works Department, and the Finance Secretary to the Delhi government to convene a meeting with the Registrar General of Delhi High Court to ensure the removal of encroachments.
This meeting is to be held before the next hearing date in the matter before the apex court.
In a previous hearing, the Supreme Court had criticized the Delhi government for its indifferent approach towards providing funds for infrastructure in the Delhi district judiciary.
At that time, the CJI noted that approvals were granted for three out of four projects as of March 2021. However, funds for these projects were yet to be released.
The Court also noted that as of December 5, 2023, there was a requirement for 118 courtrooms to accommodate the sanctioned strength of 887 judicial officers or 114 courtrooms to accommodate the present working strength of 813 judicial officers.
“The delay in approving funds is regrettable, and there is no justification for the Delhi government’s indifferent attitude towards the Delhi district judiciary”
-the Court had stated.
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