Delhi HC criticises Centre’s evasive stance on bungalow allotment to Kejriwal

The court directed the Centre to submit records outlining the policy governing the allotment of houses from the general pool of residential accommodation, the current waiting list

New Delhi

The court remarked that a long waiting list could not deter allotment of residence. (Representative photo)

The Delhi High Court on Tuesday criticised the Centre for its evasive stance on allotting a residence in the Capital to Aam Aadmi Party (AAP) chief Arvind Kejriwal, observing that its approach resembled a “free-for-all” system and it could not selectively decide house allotments.

The court made the observations after AAP’s lawyer, Rahul Mehra, said that Additional Solicitor General Chetan Sharma repeatedly sought passovers, citing his unavailability, despite previously having sought time to ascertain the party’s proposal to allot the bungalow at 35 Lodhi Estate (vacated by Bahujan Samaj Party supremo Mayawati in May) to Arvind Kejriwal.

Mehra pointed out that during two hearings held on September 4 and 12, the Centre continued to delay the matter, but in the meanwhile, allotted 35 Lodhi Estate to someone else.

“It’s completely unacceptable, you’ve allotted 35 Lodhi Estate, while you seek passovers. You’re 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 (waiting list) has never deterred in the past,” justice Sachin Datta said to the law officer.

Although the law officer acknowledged that 35 Lodhi Estate had been allotted to a minister of state—and sought time to follow up regarding the date of allocation—he argued that the party could not demand the allocation of a specific bungalow. Sharma emphasised that there was a long waiting list for government housing and that a residence would be allotted to the AAP chief as and when it becomes possible.

Taking note of the law officer’s arguments, the court remarked that a long waiting list could not deter allotment of residence. Justice Datta, thus, directed the Centre to submit records outlining the policy governing the allotment of houses from the general pool of residential accommodation, the current waiting list, and the specific date on which 35 Lodhi Estate was allotted by September 18, the next date of hearing.

Justice Datta said, “It (allotment of house) appears like a free system for all. I want to know what’s the governing policy for allotment from the general pool.. What is the waiting list? You can’t pick and choose. I want to see when was it (35 Lodhi Estate), has been allotted. After 26/8 or later, that is very crucial.”

The court said that Kejriwal, after stepping down as the chief minister, had vacated his official residence at 6, Flagstaff Road last October, and had been staying at the official residence of another party member near Mandi House.