The Delhi High Court on Thursday emphasised that allotment of government residential accommodation cannot be left to the “whims” of authorities and must follow a transparent and consistent policy. The observation came while hearing a plea filed by the Aam Aadmi Party (AAP) seeking a government bungalow in the capital for its national convener and former chief minister, Arvind Kejriwal.
Justice Sachin Datta directed the joint secretary of the Union Ministry of Housing and Urban Affairs and the director of the Directorate of Estates to be present virtually before the court on September 25. The court questioned the Centre on the procedure governing allotment of houses, asking: “Is there a procedure in place? How is priority assessed and the sequence of allotment decided? Assuming there is a limited number of bungalows, how do you decide?”
The bench underlined that a transparent mechanism was essential: “There has to be a clear discernible policy. I want to know the manner of assessing priority. I am concerned with the larger issue of how discretion is applied in the allotment of bungalows.”
The Centre informed the court that the Type VII bungalow at 35, Lodhi Estate — which AAP had proposed for Kejriwal — was allotted on July 24 to Union Minister of State for Finance Pankaj Chaudhary. The submission came in response to the court’s earlier query on the allotment date of the property, which was vacated by BSP supremo Mayawati in May this year.
The court further directed the government to file an affidavit placing on record the current allotment policy, past allotments, and the manner in which the policy has been applied.
On September 16, the High Court had criticised the Centre for delaying its decision on AAP’s plea, remarking that the process resembled a “free system for all” and could not be left to selective discretion. The government was directed to submit records by September 18 outlining the rules governing allotments from the general pool of residential accommodation and the existing waiting list.
Senior advocate Rahul Mehra, representing AAP, argued that despite earlier assurances, the government allotted the Lodhi Estate bungalow to another occupant. In its petition, AAP contended that under the guidelines, the president of a recognised national party is entitled to one government residence in Delhi, provided they neither own nor have been allotted another official house.
“All pre-conditions are met,” Mehra told the court. “There is a national convener, who is also the national president. We are requesting a centrally located residence.”
The matter will be taken up again on September 25.
