In a significant legal development, the Delhi High Court has delivered a crucial judgment concerning a dispute over plot allotment in Central Delhi. The case involved a tussle between the involved parties regarding the allocation of plots for office construction. Stay tuned to learn more about the details and implications of this high-profile legal decision.
Facts
- Petitioner rejected an offer for land in Central Delhi and filed for land in New Delhi.
- Offer of Plots No. 3, 7 & 8, MB Road, Sector VI, Saket was made for construction of office.
- L&DO requested plots No. 23 & 24, DDU Marg from Chief Secretary, GNCTD.
- Petitioner requested DDU Marg plots for temporary office till permanent plot is allotted.
- Apex Court directed Petitioner to vacate Bungalow No. 206, Rouse Avenue by 15.06.2024.
- L&DO informed that DDU Marg plots cannot be allotted as not in their possession.
- DoE issued Consolidated Instructions for allotment of Government Accommodation to Political Parties.
- Notice issued in Writ Petition, replies filed.
- Petitioner requested for housing unit from GPRA for office use temporary basis.
- L&DO offered Plots No. P2 & P3 M.B. Road, Sector – VI, Saket for permanent office.
- Cancellation of Plots No. 23 & 24, DDU Marg, with new allotment to GNCTD for Family Courts was done.
- Petitioner sought suitable accommodation under GPRA for temporary office establishment.
Arguments
- The Petitioner, a National Political Party, seeks a temporary government housing unit for setting up its temporary office in Delhi.
- As per the Compendium of the Allotment of Government Residences (General Pool in Delhi) Rules, 1963, National Political Parties recognized by the Election Commission of India are allowed one housing unit for office use for three years until they construct their own office.
- The Rules also permit one residential accommodation for the Party President if no other accommodation has been provided in any other capacity.
- Recognition as a National Party is significant and only those securing at least 6% of valid votes in four or more states qualify; it is a privilege in the Indian Polity.
- Several National Parties have been allocated residential units in Delhi for office use and centrally located land for permanent office construction.
- The Petitioner claims discrimination as the allotted land for its permanent office is far away, whereas other National Parties receive centrally located land.
- The Petitioner argues for the entitlement of a housing unit from the GPRA, citing rules it believes were wrongly denied to them.
- The Petitioner requests temporary use of Plots No 23 & 24, DDU Marg for their office, as they must vacate their current premises.
- A communication from the Ministry of Housing and Urban Affairs allots land near Rouse Avenue to GNCTD, suggesting a potential exchange of properties.
- The CGSC argues for the hand-over of Plots No 23 & 24, DDU Marg to the L&DO, as GNCTD has received alternative land in exchange.
- In response, the Petitioner’s long occupancy as a state party is noted, along with the refusal to construct a permanent office within the stipulated time following an allotment offer.
- The reply states that National Parties are allotted land based on availability in central locations, with the current shortage due to ongoing redevelopment.
- Due to this shortage and waiting list for accommodations, granting a housing unit to the Petitioner is deemed infeasible by the Ministry of Urban Affairs.
- Petitioner cannot claim on Plots No 23 & 24, DDU Marg as they are not GNCTD
- Bungalow No.217, Rouse Avenue, currently occupied by a Minister of the Petitioner
- Minister asked to vacate Bungalow, offered alternative accommodation at Bungalow No. 4, 8 Raj Niwas Marg, Delhi
- Minister requested retention of Bungalow till 31.03.2025
- Request for retention will be considered by the Government of India
- No right for the political party (Petitioner) to claim the said land
- Acute shortage of general pool accommodations
- No available accommodation at present for the Minister
- Allotment of Plots No 23 & 24, DDU Marg to GNCTD for Family Courts, possession taken on 03.08.2006
- Allotment cancelled on 18.09.2020, new plot adjacent to Rouse Avenue allotted to GNCTD for Family Courts
Analysis
- The Petitioner, a National Political Party, has the right to retain/secure allotment of one housing unit from General Pool in Delhi for office use for a period of three years.
- The Petitioner was offered plots for construction of office in 2014 and 2024, but did not accept or respond to the offers.
- The Petitioner was allotted Bungalow No.206, Rouse Avenue as a temporary office, which it needs to vacate by 15.06.2024 for expansion of district judiciary.
- The possession of Plots No.23 & 24, DDU Marg was cancelled and GNCTD is ready to hand them back to L&DO.
- The Court refuses the Petitioner’s request to establish its office at Plots No.23 & 24, DDU Marg but acknowledges its status as a National Party.
- The Court directs the Respondents to consider why the Petitioner cannot be allotted a housing unit from GPRA like other political parties.
Decision
- The President or his nominee has the authority to inspect the site/land and premises at any time with or without prior notice.
- The allottee must use the land only for the purpose it has been allotted and not for any other purpose.
- The President has sanctioned the cancellation of the allotment of land measuring 1428 sq. mtrs.
- The allottee should seek necessary approvals for any change in land use from DDA or other relevant agencies.
- Construction of the building must be completed within two years from the date of land handover or allotment letter.
- Existing trees on the plot are government property and cannot be removed without prior permission.
- The building construction must align with the architectural surroundings of the area.
- Approval from concerned local body (NDMC) and relevant authorities is required before commencing construction.
- Allotment is subject to various terms and conditions including payment of land premium, responsibility for removal of structures/squatters, and adherence to allotment rates.
- The date of this letter will be considered as the date of land allotment.
Case Title: AAM AADMI PARTY Vs. UNION OF INDIA THROUGH ITS SECRETARY & ANR. (2024:DHC:4700)
Case Number: W.P.(C)-15929/2023
