New Delhi: The Supreme Court on Tuesday expressed its indignation upon learning that the Aam Aadmi Party’s office at Rouse Avenue here was built over the land allotted to the Delhi High Court and sought the timeline for removal of encroachment.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said that political party is sitting tight on the encroachment and it has to come to an end.
Amicus curiae K Parameshwar submitted before the court that Delhi High Court officials went to take possession of a land allotted to the high court and they were not allowed as a political party’s office has been constructed there now.
“(Political) party office, if it is an encroachment…You cannot take law in your own hands,” the bench said, hearing a matter related to judicial infrastructure.
The bench asked the government counsel when it is going to remove the encroachment.
The CJI, who appeared to be annoyed after learning about the encroachment, cautioned the counsel appearing for AAP-led Delhi government that the land must be returned to the high court.
Delhi’s principal secretary law, Bharat Parashar, said, “The political party has been allotted by way of a Cabinet resolution. But now we have taken up the matter with the Land and Development Office (L&DO) and L&DO is in the process of handing over us that portion of the land. And, in the process of allotting another portion of the land to the political party”.
Parashar informed the bench that the date of the Cabinet resolution is 2016.The bench asked what is the date of the allotment (of the land) to the high court?
Parashar said it was allotted to the high court in 2020. “We made the payment to L&DO and the remaining portion of 2.42 acre, we have already taken possession of which comprises a vacant portion, plus a road, and existing CPWD office… Block 1 will be constructed over there and Block 2 will be at the place where a political party (office) exists,” Parashar said.
The bench asked the counsel to show some photographs of what is being constructed over there.Parameshwar said “we have videos. We went to take possession; we were not allowed to take possession”.
Parashar said it was a bungalow which was earlier in possession of a minister, which is nowoccupied by the political party.“I do not want to politicize the matter, we could not take possession,” Parameshwar said.
The bench asked the counsel for the government to find out when this possession would be given to the Delhi High Court.
“What is this? We are not asking for judges’ bungalows. We are asking for public amenity. Political party sitting tight on that. Why did you allot to the high court then? Tell us when you are giving unencumbered possession to the high court. This has to come to an end. The high court is going to use it for residents of Delhi to come and resolve their disputes in the court complex,” the bench said.
The court directed the chief secretary of GNCTD, the secretary in-charge of the public works department (PWD), and the finance secretary to convene a meeting before the next date of hearing of this court together with the registrar general of the high court, to settle all outstanding issues without waiting for further directions.
The court fixed the matter for further hearing on Monday.
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lot of typical Indian legal jargon however the jist is, AAP have encroached into to the High Court land. Soehete were the guardians at the time? Was there a boundary if so its clear trespass.