"Can't Be On Whims": Court To Centre On Procedure To Allot Bungalow To Kejriwal
Allotment of residential accommodation cannot be based purely on whims of the authorities, the Delhi High Court said in a plea filed by Aam Aadmi Party seeking a bungalow for its national convener and former chief minister Arvind Kejriwal
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New Delhi:
The Delhi High Court on Thursday stated that residential accommodation allotment cannot be based solely on authorities' whims, while hearing a plea from the Aam Aadmi Party requesting a bungalow for its national convener and former chief minister Arvind Kejriwal in the capital.
Justice Sachin Datta has instructed the joint secretary of Union Ministry of Housing and Urban Affairs and the director of Directorate of Estates to appear virtually before the court on September 25.
"Is there an established procedure? I want to understand how this procedure has been implemented previously... How is priority determined, what is the sequence of allotment?... If there are limited bungalows available, how do you determine who receives one?" the court inquired.
The judge further remarked, "A transparent mechanism must exist and decisions cannot be made purely at your discretion. As long as there is a clearly defined policy... I need to understand how priority is assessed. My concern is with the broader issue of how discretion is exercised in bungalow allotments." During proceedings, the Centre's representative informed the court that the Type VII bungalow at 35, Lodhi Estate, which had been proposed for Kejriwal, was allocated to Union Minister of State (MoS) for Finance Pankaj Chaudhary on July 24 this year.
This information was provided following the court's previous directive to specify when the Lodhi Estate bungalow was assigned to the MoS.
The court additionally ordered that the government's current residential allotment policy be documented in an affidavit that should also disclose previous allotments and explain how the policy was applied.
On September 16, the court had reprimanded the Centre for delaying its decision regarding Kejriwal's accommodation request and observed that the government's approach appeared to be a "free system for all" and that it could not selectively determine who received housing.
The Centre was directed to submit by September 18 records outlining the policy governing general pool residential accommodation allotments and the current waiting list.
Senior advocate Rahul Mehra, representing AAP, had pointed out that although the government counsel had previously requested time to seek instructions regarding the party's proposal to allot the Lodhi Estate bungalow to Kejriwal, it was subsequently assigned to someone else.
The bungalow had been vacated by BSP supremo Mayawati in May this year.
In its petition, AAP stated that according to guidelines for allotment of accommodation from the general pool to political parties, the president of a recognized national party is entitled to one government residence in Delhi, provided they neither own a house nor have been allotted one in any other official capacity.
"All pre-conditions have been satisfied. We have a national convenor, who also serves as the national president. We are requesting a centrally located residence," the party's counsel had argued.