AAP HQ on land meant for high court, says Supreme Court

The bench cautioned the counsel appearing for the Delhi government, senior counsel SWA Qadri, that the land must be returned to the high court

The Supreme Court on Tuesday voiced disapproval of the fact that the Aam Aadmi Party’s (AAP) political headquarters at Rouse Avenue in Delhi was reportedly constructed on “encroached land” that was first allotted to the Delhi high court.

In December, the bench had pulled up the Delhi government for its “half-hearted” approach in providing funds to the Delhi high court and the district judiciary for the development of infrastructure. (ANI)

“No one can take law into their own hands... How can a political party sit tight on that (land)? The unencumbered possession must be given back to the high court,” said a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud.

Irate that the land that was first assigned to the Delhi high court for public purpose was now being used as a political office in the national capital, the bench cautioned the counsel appearing for the Delhi government, senior counsel SWA Qadri, that the land must be returned to the high court.

“What will the high court use it for? Only for the public and citizens... Why was the land then allotted to the high court? You must give it back,” the bench, also comprising justices JB Pardiwala and Manoj Misra, said.

The bench was dealing with a case concerning judicial infrastructure across the country when advocate K Parameshwar, who was appearing for the Delhi high court, brought the matter to the court’s notice. Parameshwar submitted that though Delhi high court officials went to take possession of the land allotted to them, “a political party office was built there” and so, they could not take the land back.

Bharat Parashar, Delhi government’s law secretary, informed the bench that the said land has been with the political party since 2016. Parashar said that a structure on the plot was a bungalow that was first allotted to a Delhi minister and was later converted into the office of the political party in question.

While neither Parameshwar nor Parashar took Aam Aadmi Party’s name when they addressed the court, lawyers involved in the matter confirmed that the AAP office was operating from the plot in contention.

At this, the bench ordered a meeting of the top bureaucrats of the Delhi government with the registrar general of the Delhi high court to figure out the modalities for giving possession of land back to the high court.

The AAP denied that the party’s political headquarters has been constructed on encroached land. “It is appalling that the central government has made incorrect submissions to mislead the Supreme Court. We will submit documents before the court, which shall clearly show that the land has been alloted to the AAP by the government of Delhi. Be it noted, that the same land, since 1992 has been alloted to IAS officers & three ministers. There has been no encroachment whatsoever,” the party said in a statement.