AAP Withdraws Plea Before Supreme Court Seeking Allotment Of Land In Delhi For Office, Says HC Is Hearing

The Aam Aadmi Party (AAP) today withdrew a Special Leave Petition filed before the Supreme Court which seeking the allotment of space in the national capital for its office. The withdrawal was made on the grounds that the Delhi High Court is now hearing the matter. The SLP was filed against the High Court's refusal of an early hearing of the case. 

Senior Advocate AM Singhvi appearing on behalf of AAP mentioned that the Single Judge Bench of the High Court has been continuously hearing the matter. However, he requested that liberty be granted to approach the Supreme Court in the event of an unfavourable outcome. 

" I must commend, the learned Single Judge is hearing it on 14th, 15th and again on Monday. So I will withdraw it. But Your Lordships may record the liberty to come before you because Lordships' original order of 4th of March is of three learned judges. If I land up here again in the vacation, the vacation bench cannot hear it" 

The bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra allowed the withdrawal and granted liberty to the National Party to pursue the appropriate legal remedies as requested by Singhvi

" Senior Advocate Mr AM Singhvi submits that there are instructions to withdraw the SLP in view of the pending cases before the single bench of the Delhi HC. We permit the withdrawal of the SLP and in terms of the request made before this Court,  we grant liberty to the petitioner to adopt appropriate proceedings in accordance with law, in the event the petitioner is aggrieved by the ultimate outcome of the proceedings before the High Court"  

The Delhi High Court in December 2023 issued notice on a plea moved by Aam Aadmi Party seeking direction on the Union Government to allot suitable land to it being a recognized political party, preferably in centrally located areas free from encroachments in the national capital, for construction of its offices for National and Delhi State Units. 

Aam Aadmi Party has placed reliance on a Memorandum issued by the Centre in 2006 prescribing allotment of land up to 500 square meters to all national political parties having up to 15 Members of Parliament (MPs) in both Houses.

The Memorandum also provides for an additional allocation of land up to 500 square meters for Delhi State units where the National Party has representation in the Delhi State legislature. The plea seeks a direction on the Union Government to ensure that the land so allotted to it is “preferably in centrally located areas” in the national capital and “free from encumbrances and encroachments” so that the construction for office space may be commenced immediately.  

The impugned order dated May 3, which was challenged today had noted that since the matter will scheduled for hearing on May 14, it was not reasonable to prepone the matter by 10 days. 

It may be recalled that in an earlier case concerning the allotment of land for the Delhi Judiciary, the Apex Court directed AAP to vacate its office at New Dehli, situated in the plot earmarked for the Delhi judiciary, by 15 June 2024, so that land allotted to expand the district judiciary footprint can be used for the purpose.

"In view of the impending elections, we grant time till 15 June 2024 to vacate the premises so that the land which has been allotted for the purpose of expanding the footprint of the district judiciary can be duly utilized on an expeditious basis", the Court observed in the order.

Case Details : AAM AADMI PARTY VS. UNION OF INDIA SLP(C) No. 010970 - 010971 / 2024

Click Here To Read/Download Order