Victim Has Locus To Request Court To Summon Witnesses Under Section 311 CrPC In State Prosecution: Allahabad High Court Order 2 Rule 2 CPC Cannot Be Ground to Reject a Plaint: Supreme Court Draws Crucial Distinction Between Bar to Sue and Bar by Law No Right to Lawyer Before Advisory Board in Preventive Detention — Unless Government Appears Through Legal Practitioner: Supreme Court Wife's Dowry Statement Cannot Be Used to Prosecute Her for 'Giving' Dowry: Supreme Court Upholds Section 7(3) Shield Husband's Loan Repayments Cannot Reduce Wife's Maintenance: Supreme Court Raises Amount to ₹25,000 From ₹15,000 Prisoners Don't Surrender Their Rights at the Prison Gate: Supreme Court Issues Binding SOP to End Delays in Legal Aid Appeals A Judgment Must Be a Self-Contained Document Even When Defendant Never Appears: Supreme Court on Ex Parte Decrees Court Cannot Dismiss Ex Parte Suit on Unpleaded, Unframed Issue: Supreme Court Sets Aside Specific Performance Decree Denied on Title Erroneous High Court Observations Cannot Be Used to Stake Property Claims: Supreme Court Steps In to Prevent Misuse of Judicial Observations No Criminal Proceedings Would Have Been Initiated Had Financial Settlement Succeeded: Supreme Court Grants Anticipatory Bail In Rape Case Directors Cannot Escape Pollution Law Prosecution by Claiming Ignorance: Allahabad High Court Refuses to Quash Summons Against Company Directors Order 7 Rule 11 CPC | Court Cannot Peek Into Defence While Rejecting Plaint: Delhi High Court Death 3½ Months After Accident Doesn't Break Causal Link If Doctors Testify Injuries Could Cause Death: Andhra Pradesh High Court LLB Intern Posed as Supreme Court Advocate, Used Fake Bar Council Card and Police Station Seals to Defraud Victims of Rs. 80 Lakhs: Gujarat High Court Rejects Anticipatory Bail Husband Who Travels to Wife's City on Leave, Cohabits With Her, Then Claims She 'Never Lived With Him' Cannot Prove Cruelty: Jharkhand High Court Liquor Licence Is a State Privilege, Not a Citizen's Right — No Vested Right of Renewal Survives a Change in Rules: Karnataka High Court Sets Aside Stay on E-Auction Policy Court Holiday Cannot Save Prosecution From Default Bail: MP High Court No Search At Your Premises, No Incriminating Document, No Case: Rajasthan HC Quashes Rs. 18 Crore Tax Assessment Under Section 153C Limitation Act | Litigant Cannot Be Punished For Court's Own Docket Load: J&K High Court

National Political Parties Entitled to Allotment for Temporary Office Space: Delhi High Court Directs Government to Reconsider AAP’s Request for Temporary Office Space

07 May 2024 8:19 AM

By: Admin


The Delhi High Court has directed the Union of India to reconsider the request of the Aam Aadmi Party (AAP) for temporary office space from the General Pool Residential Accommodation (GPRA). The judgment, delivered by Justice Subramonium Prasad, underscores the entitlement of national political parties to secure temporary office accommodation from the GPRA, despite an acute shortage of government residences.

The Aam Aadmi Party (AAP), recognized as a National Party by the Election Commission of India on April 10, 2023, filed a writ petition seeking a temporary housing unit from the GPRA for office use. AAP’s request for temporary accommodation was based on the Compendium of the Allotment of Government Residences (General Pool in Delhi) Rules, 1963, which allows national political parties to retain or secure one housing unit for office use for three years while constructing a permanent office.

Despite several offers of land in non-central locations, AAP had rejected these offers, insisting on a centrally located plot. AAP also contested the cancellation of Bungalow No. 206, Rouse Avenue, which they had been using as a temporary office. The Supreme Court, in a related order, directed AAP to vacate the bungalow by June 15, 2024, and move the Land and Development Office (L&DO) for alternate land allotment.

Credibility of the Petitioner’s Claim Justice Subramonium Prasad emphasized the legitimacy of AAP’s request, stating, “The fact that the Petitioner is a National Political Party cannot be overlooked.” The court acknowledged that under the relevant guidelines, national political parties have a right to secure temporary office accommodation from the GPRA.

Acute Shortage of GPRA: The respondents, represented by the Ministry of Urban Affairs, argued that the acute shortage of GPRA accommodations made it infeasible to grant AAP’s request. They cited a long waiting list of eligible officers awaiting accommodation due to the redevelopment of seven GPRA colonies.

Rejection of Non-Central Land Offers: AAP’s rejection of the plots offered in Saket was highlighted by the respondents. However, the court deemed this irrelevant to the party’s entitlement to temporary accommodation as a national party. “The fact that the Petitioner has not accepted the allotment of plots for construction of their permanent office is of no consequence and cannot be taken as an argument to deny the Petitioner a temporary accommodation,” noted the court.

The court extensively referred to the Consolidated Instructions for allotment of Government Accommodation to National and State level Political Parties, which state that recognized national parties are entitled to one housing unit from the GPRA for office use for three years. The judgment clarified that the acute shortage of accommodations cannot be the sole reason for denial. “The pressure on the Pool of houses available for allotment to officers has not deterred allotment of houses to other political parties for office purposes,” the court remarked.

Justice Subramonium Prasad stated, “National Political Parties, which have been recognized as such by the Election Commission of India, shall be allowed to retain/secure allotment of one housing unit from General Pool in Delhi for their office use on payment of license fee under FR 45A.”

The High Court’s decision mandates the Union of India to reconsider AAP’s request within six weeks and provide a detailed order if the request is denied. This judgment reinforces the legal framework ensuring temporary office accommodation for national political parties, ensuring equitable treatment in the allocation of government resources.

Date of Decision: June 5, 2024

Aam Aadmi Party vs. Union of India & Anr.

Latest Legal News