Legally Speaking

The SC in the case observed and has expressed shock and surprise that a ‘political party’ has encroached upon a land in Delhi which was being allocated for the Delhi HC

The bench headed by Chief Justice of India DY Chandrachud was informed by the Senior Advocate K Parameshwar, the amicus curiae that a ‘political party’ has encroached upon the land allocated to the Delhi High Court.
Last year, the court issued the directions to the Delhi Government in order to take steps to develop the infrastructure for the Delhi Judiciary.
Senior Advocate K Parameshwar, the amicus curiae, who did not expressly mention the name of the political party and clarified that he did not want to politicise the issue submitted before the court that that the High Court was not able to take back the possession of the property.

The bench of CJI DY Chandrachud asked how the political party could occupy the land meant for the judiciary. How can there be a party office? You cannot take the law into your own hands.
The bench was also informed by the Law Secretary to the Delhi Government, Bharat Parashar, who was present online that the ‘political party’ was allotted the land by way of a cabinet resolution in 2016.

Adding to it, the Law Secretary to the Delhi Government, Bharat Parashar stated that now the matter has been informed to the Land and Development Officer, L&DO and the process to allot another land to the political party is underway.
The Law Secretary also stated that before 2016, it was a bungalow which was occupied by a minister and was later occupied by the political party.
Therefore, the amicus informed the bench that the building has been converted into a party office and temporary constructions have also been raised near it.

The bench headed by CJI stated that Mr.Qadri and Mr.Vikramjit Banerjee, you better find out and tell us tomorrow when is the possession being given back to the High Court. What is this? We are not asking for judges’ bungalow or something…we are asking for public amenities. And the political party is sitting tight on that! Why did you allot it to the High Court then? Tell us when are you going to give unencumbered possession to the High Court. This has to come to an end. The High Court is going to use it for the citizens and the residents of Delhi. Tell us what you are doing.

The court observed that though the name of the political party was not expressly mentioned during the court proceedings, it was later independently confirmed that the party is the Aam Aadmi Party, AAP.
The Supreme Court in the case also expressed strong dismay over the delay by the Delhi Government in approving funds for infrastructure projects in the Delhi High Court, High Court.

The court while considering the facts and circumstances of the case observed and finds no reason or justification for the lackadaisical approach of GNCTD in meeting demands of Delhi district judiciary.
The bench of CJI also expressed then. On the subsequent date, the said directions were passed to the Delhi Government to make arrangements for the judicial infrastructure in the national capital.

TDG Network

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