Not encroached on the land allotted to the Delhi High Court, AAP tells Supreme Court

New Delhi: The Aam Aadmi Party (AAP) has filed an application before the Supreme Court saying that it has not encroached on the land allotted to the Delhi High Court and the premises was officially allotted to it by the Delhi government in May 2015.

The application said that such allotment of office space for official party work is an essential element of public funding of elections in India and is designed to level the electoral playing field.

It added: "The applicant (Aam Aadmi Party) has risen to become a national political party. This change in the applicant's character and status has further enhanced its need for, as well as its entitlement to, office spaces in the New Delhi Municipal Area, at par with the 5 other national parties each of which are enjoying, at least, similar allotments in similar locations."

Referring to the guidelines issued by the Union government's Land & Development Office, the ruling party in the national capital said that it is entitled to two office spaces -- one for its National Unit and another for its Delhi State Unit.

However, as of now, it said that it has been allotted office space only for its Delhi State Unit.

"Far from being an instance of ‘encroachment’, the Subject Premises were officially allotted to the Applicant (Aam Aadmi Party) by the government of NCT of Delhi on 31.12.2015 for its State Unit Office. This was strictly in accordance with the applicant's entitlement as (at that time) a State Party under the Office Memorandum dated 14.10.2015," said the intervention application filed on Friday.

The application asserted that the Aam Aadmi Party has been occupying the premises since 2015 way before it was earmarked for extending the Rouse Avenue Court Complex.

The party led by Delhi Chief Minister Arvind Kejriwal said that it has no cavils about relocating its State Unit Office to an alternative space as it is cognizant of the necessity of judicial infrastructure for the welfare of citizens of the national capital.

Further, the Aam Aadmi Party claimed that no space has been allotted for its National Unit despite repeated letters to the Union government.

It said: "While the applicant remains ready and willing to vacate the Subject Premises, it is submitted that this honourable court direct that such vacation be required only after at least one of the two office spaces that the applicant is entitled to are allotted to it in the New Delhi Municipal area of a nature appropriate to the applicant's status as a national party."

On Thursday, the top court came down heavily on the Aam Aadmi Party for encroaching on a portion of a plot at Rouse Avenue which has been allotted to the Delhi High Court.

A Bench presided over by CJI DY Chandrachud was hearing the issue arising out of the projects of the Delhi High Court pertaining to the infrastructural requirements of the district judiciary.

Noting that issues have not been resolved despite previous orders, the apex court asked for a specific timeline for removal of the encroachment before the next date of listing.

The Bench, also comprising Justices JB Pardiwala and Manoj Misra, asked the Chief Secretary of the Delhi government, the Secretary in-charge of the Public Works Department and the Finance Secretary to convene a meeting with the Registrar General of the High Court to settle all outstanding issues without waiting for further directions from the apex court.

The matter will be heard next on February 19.