‘Like a free system for all’: Delhi HC pulls up Centre over allocating govt bungalow to Arvind Kejriwal
“I want to know what’s the governing policy for allotment from the general pool. What is the waiting list? You can’t pick and choose,” judge says to govt
The Delhi high court on Tuesday criticised the central government for its evasive stance on allotting a residence in the national Capital to Aam Aadmi Party (AAP) convenor Arvind Kejriwal, observing that its approach resembled a “free-for-all” system and it could not selectively decide as to who gets a house.
The development comes after AAP’s lawyer, Rahul Mehra, informed the court that although additional solicitor general (ASG) Chetan Sharma had initially sought time to seek instructions regarding the party’s proposal to allot the bungalow at 35 Lodhi Estate (which was vacated by Bahujan Samaj Party (BSP) chief Mayawati in May this year) to Kejriwal.
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The central government’s lawyer later repeatedly sought passovers, citing ASG’s unavailability.
Mehra further pointed out that during the two hearings held on September 4 and 12, though the Centre continued to delay the matter, it went ahead and allotted the same property—35 Lodhi Estate—to someone else.
Although the law officer acknowledged that 35 Lodhi Estate had been allotted to a minister of state (MoS), and sought time to get back with regards to the date when the same was allocated.
He argued that the party could not demand the allocation of a specific bungalow. Sharma further emphasised that there was a long waiting list for government housing and that a residence would be allotted to the AAP chief as and when it becomes possible.
Taking note of the law officer’s arguments, the court remarked that a long waiting list could not deter allotment of residence.
Justice Datta thus directed the Centre to submit records outlining the policy governing the allotment of houses from the general pool of residential accommodation, the current waiting list, and the specific date on which 35 Lodhi Estate was allotted by September 18, the next date of hearing.
“It’s completely unacceptable, you’ve allotted 35 Lodhi Estate, while you seek passovers. You’re not interested in this matter. Last time, the same thing happened. Previous day also. There was a clear direction for records. The waiting list cannot deter allotment. It (waiting list) has never deterred in the past,” justice Datta said to the law officer.
He added, “It (allotment of house) appears like a free system for all. I want to know what’s the governing policy for allotment from the general pool. What is the waiting list? You can’t pick and choose. I want to see when was it (35 Lodhi Estate), been allotted. After 26/8 or later, that is very crucial.”
The court rebuked the Centre while dealing with AAP’s petition seeking allotment of residence to its chief, asserting that Kejriwal as per the guidelines for allotment of accommodation from the general pool to political parties, was entitled to one government residence in Delhi, being the President of a recognised national party.
It went on to add that Kejriwal, after stepping down as chief minister, had vacated his official residence at 6, Flagstaff Road in October last year, and had been staying at the official residence of another party member near Mandi House.
