The AAP told the Supreme Court that it had not “encroached” on the Delhi High Court’s land at Rouse Avenue, a space that was allotted to it in 2015.

The party approached the Supreme Court against the immediate demolition of its office space at Rouse Avenue, saying it would seriously harm the party as well as the fairness of the electoral process in view of the upcoming Lok Sabha polls.

In an application filed in a pending matter related to judicial infrastructure, the AAP claimed that there was no issue of “encroachment” on the space officially allotted to it in 2015.

Maintaining that the party remains ready and willing to vacate the relevant premises, it sought the Supreme Court’s direction that such leave would be required only after AAP is allotted at least one of the two office spaces to which it is entitled as a national party in New Delhi City area.

“Given these circumstances, immediate furloughing will mean that the applicant will not be able to access the two office spaces to which it is entitled under applicable guidelines.

“In view of the upcoming general elections and the fact that five other national political parties are operating from the allotted offices in New Delhi, this will severely prejudice the applicant as well as the fairness of the electoral process,” Chadha said, the application filed by advocate Prateek K said.

Giving details about the allotment of plots, the party said, “This was in no way a case of ‘encroachment’ but the Government of NCT of Delhi (GNCTD) officially allotted the subject houses to the applicants on December 31, 2015. for its State Unit Office.” “This is strictly in line with the applicant’s (then) rights to the State Party under the Office Memorandum dated October 14, 2015; in fact, the subsequent notification of cancellation of allotment has been stayed by the Delhi High Court vide its Order dated August 23, 2017… Such allocation of office space for official party work is an important component of public funding of elections in India and is aimed at leveling the electoral playing field,” the application said.

It added that the applicant (AAP) has become a national party since the 2015 allocation.

“This change in the nature and status of the applicant further enhances its demand and entitlement to office space in the city of New Delhi on par with the other five national parties, each of which is entitled to at least a similar allotment of office space in a similar location,” it explain.

The party further stated that the relevant policy guidelines on allotment of land to political parties issued by the Land and Development Office (L&DO) of the Government of India on November 9, 2012, gave the party two office spaces, one for its national unit, The other is for its national unit. It is a state unit of Delhi.

The application stated that as of now, the applicant has been allotted office space (main premises) only for its Delhi state unit.

“In view of this, there is no issue of the applicant ‘encroaching’ on space that was formally allocated to it in 2015 and has been occupied since then. The premises had been claimed long before it was earmarked for the extension of the Lawes Avenue Courthouse People occupy it.”

The party further added that to the best of its knowledge, L&DO allotted 3.03 acres of land to GNCTD on September 18, 2020, for construction of additional court rooms for the Rouse Avenue Court, which is said to be adjacent to the Rouse Avenue Court.

“When the land is to be taken over, L&DO said on December 12, 2023, not only the vacant land near the Rouse Avenue Court building but also an asphalt road and the AAP office. It said the land will also be allotted for construction,” it said, adding that there was no explanation as to why L&DO did not conduct due diligence by checking the existing condition of the land and its vacancies.

“Nevertheless, the applicant recognizes the need for judicial infrastructure for the well-being of the citizens of Delhi and has no hesitation in relocating its state unit offices to suitable alternative spaces,” it said. The party said it had in May 2017 Requests for such alternative space for its national unit offices on June 20, 2017 and June 5, 2017 have been denied (see correspondence dated June 13, 2017).

“Meanwhile, pursuant to the applicant’s designation as a national party on April 10, 2023, the applicant has issued multiple requests to the Government of India for allotment of office space to its national unit. “However, despite being dated April 17, 2023 Letters were sent multiple times on April 20, 2023, August 22, 2023 and September 13, 2023, but nearly a year has passed and still no space has been allocated,” it said.

On February 13, the Supreme Court directed the Delhi government and the Registrar General of the Delhi High Court to convene a meeting to remove the “encroachments” of the AAP.

A bench headed by Chief Justice DY Chandrachud had asked the Chief Secretary of Delhi, Secretary of Delhi Public Works Department and Finance Secretary of the Municipal Corporation to hold a meeting on the issue and submit “cancellation of encroachment” to the court.

The direction came after lawyer K Parameshwar, who was appointed as amicus curiae to assist the Supreme Court in the matter, said a political party had set up an office on the plot.

(This story has not been edited by News18 staff and is published from associated news agency – PTI)