AAP Withdraws SC Petition for Office Space in Delhi, Cites Ongoing HC Proceedings

AAP Withdraws SC Petition for Office Space in Delhi, Cites Ongoing HC Proceedings

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, representing the Aam Aadmi Party (AAP), noted that the Single Judge Bench of the Delhi High Court has been continuously hearing the case. However, he requested that AAP be granted the liberty to approach the Supreme Court if the outcome at the High Court is unfavorable.

" 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, permitted the withdrawal and granted the National Party the liberty to pursue 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"

In December 2023, the Delhi High Court issued a notice in response to a plea filed by the Aam Aadmi Party. The plea sought direction on the Union Government to allocate suitable land to the party, as it is a recognized political entity. The party requested that the land be preferably located in centrally located areas of the national capital, free from encroachments. This allocation was intended for the construction of offices for both the National and Delhi State Units of the party.

The Aam Aadmi Party has cited a Memorandum issued by the Centre in 2006, which outlines the allotment of land of up to 500 square meters to all national political parties with up to 15 Members of Parliament (MPs) in both Houses. This Memorandum serves as the basis for the party's argument regarding land allocation for political parties.

Additionally, the Memorandum specifies that an extra allocation of land, up to 500 square meters, is available for Delhi State units of national parties where the party has representation in the Delhi State legislature. In the plea, the Aam Aadmi Party requests a directive from the Union Government to ensure that the allotted land is preferably situated in centrally located areas of the national capital and is free from encumbrances and encroachments. This provision aims to facilitate the immediate commencement of construction for office space.

The order in question, dated May 3, which was contested today, observed that since the matter was already scheduled for a hearing on May 14, it was not deemed reasonable to advance the hearing by 10 days.

It's worth noting that in a previous case regarding the allocation of land for the Delhi Judiciary, the Supreme Court directed the Aam Aadmi Party (AAP) to vacate its office located in New Delhi, which was situated on the plot designated for the Delhi judiciary. The directive was issued with the stipulation that AAP must vacate the premises by June 15, 2024. This action was necessary to enable the utilization of the land allocated for expanding the district judiciary's footprint.

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




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