The Supreme Court on Tuesday criticised the Delhi government for not removing a political party’s office “encroaching” on land allotted to the Delhi High Court.
The court was informed that the same political party in question was in power in Delhi, and this fact had “unfortunately” acted in favour of the encroachment. The Aam Aadmi Party (AAP) has formed the government in Delhi since December 2013. The land is a plot in Rouse Avenue.
“What is this? The High Court is not asking land for judges’ bungalows or something. They are asking for a public amenity. The political party is sitting tight on the land… How can you just say the land is encroached by the political party in power in Delhi? And what is the High Court after all going to use the land for? For the citizens of the State, residents of Delhi to come and resolve their disputes in the courts,” Chief Justice of India D.Y. Chandrachud addressed Additional Solicitor General Vikramjit Banerjee, appearing for the National Capital Territory (NCT) government.
Delhi Principal Law Secretary Bharat Parashar said the land originally held a residential bungalow for a Minister. It was allotted to the political party by a Cabinet resolution in 2016.
“We have taken up the matter with the Land and Development Office (L&DO). It is in the process of handing over that portion of the land to us and allotting the political party another portion of the land,” Mr. Parashar briefed the court.
The court directed the Delhi’s Chief Secretary, Finance Secretary and Public Works Department Secretary to meet with the Delhi High Court Registrar General under the auspices of the High Court Chief Justice and “sort out all issues about the encroachment”.
Supreme Court’s amicus curiae in the case, advocate K. Parameshwar, informed the Bench that the government had taken no steps whatsoever to remove the encroaching party office from the land earmarked for the High Court.
Further, Mr. Parameshwar said the land in question was allotted to the High Court six years ago. There was no alternate land given to the High Court. He said the plot was meant to construct 32 courtrooms. The land was crucial for judicial infrastructure in Delhi. He urged the court to issue directions to the Delhi government for time-bound removal of the encroachment.
Listing the case on February 19, the court ordered the Delhi government to provide specific timelines for the removal of the “encroachment” on the land.
