"Can't Be Based On Whims": Delhi High Court To Centre Over Delay In Allotment Of Govt Bunglow To Arvind Kejriwal

The Delhi High Court on Thursday remarked that the allotment of residential accommodation cannot be based purely on whims of the authorities, as it heard a plea to allot residential accommodation to Arvind Kejriwal, in his capacity as the National Convenor of the Aam Aadmi Party (AAP).

Justice Sachin Datta ordered the Joint Secretary of the Union Ministry of Housing and Urban Affairs as well as the Director of Directorate of Estates to be present before it virtually on September 25, the next date of hearing.

The Central Government's counsel told the Court that the Type VII bungalow at 35, Lodhi Estate, which AAP had proposed to allot to Kejriwal, was in fact allotted on July 24 to Union Minister of State for Finance, Pankaj Chaudhary.

The court also directed that the extant policy followed by the government for residential allotment should be brought on record in an affidavit which should also disclose allotments made in the past and how the policy was applied.

The judge asked the counsel if there is a procedure in place, while indicating that it wanted to see how the process has been applied in the past.

“How priority is taken into account, sequence of allotment?... Assuming there is a limited number of bungalows, how do you decide?" the Court asked.

"There has to be a transparent mechanism and it cannot be purely on your whims. As long as there is a clear discernible policy… I want to know the manner of assessing priority. I am concerned with the larger issue as to how the discretion is applied in allotment of bungalows,” the Court added.

Accordingly, Justice Datta directed that the extant policy followed by the Union Government for allotment of residential accommodation be brought on record by way of a response.

The Court added that the affidavit must also disclose the allotments made in the past and how the policy in question was applied.

The plea has been filed by the Aam Aadmi Party seeking a direction upon the Union of India (Ministry Of Housing And Urban Affairs) to allot residential accommodation to Kejriwal.

Notice in the matter was issued in October last year by a coordinate bench.

AAP had relied on Rule 26(iii) of an Office Memorandum issued by the Ministry of Housing and Urban Affairs on 31 July 2014.

The Rule provides that a Party President of a recognized National Party can retain one residential accommodation if no other accommodation has been allotted to them in any other capacity.

The party stated that all the conditions specified in the Office Memorandum are fulfilled in the case and that it has already requested the Ministry to allot residential accommodation to Kejriwal.

Case title: Aam Aadmi Party vs. Union Of India Through Its Secretary, Ministry Of Housing And Urban Affairs & Anr