The Delhi High Court on Thursday issued notices to the Central and Delhi governments regarding a petition filed by the Indian National Congress seeking the formal execution of a sale deed for its former headquarters at 7 Jantar Mantar Road. While the party claims it has been in possession of the prime property for seven decades, the court raised significant questions regarding the legal “maintainability” of the current petition.
Justice Purushaindra Kumar Kaurav sought a response from both the Union of India and the Delhi government on the Congress party’s plea, which argues that despite paying for the property in the 1950s, a formal conveyance deed has never been executed. The court has also asked for a reply on an application for interim relief, which seeks to prevent the government from allotting the premises to any other party while the case is pending.
During the hearing, Justice Kaurav expressed skepticism regarding the party’s choice to file a writ petition rather than a standard civil suit. The judge suggested that the current legal strategy might be an attempt to “wriggle out of limitation”—referring to the legal timeframe within which a claim must be filed.
“I have a doubt about the maintainability,” Justice Kaurav remarked orally. “Therefore, if you have to press for interim relief, you have to satisfy that the petition is maintainable. You perhaps have to file a civil suit.”
Representing the All India Congress Committee (AICC), senior advocate Abhishek Singhvi argued that the party’s right to the property is backed by a long paper trail and consistent possession. According to the petition, the Congress has occupied parts of the building since February 1946, with a formal allotment made in 1956.
The party highlighted the following key facts in its claim:
- Financial Consideration: In 1959, the party paid $Rs 6.1$ lakh to the Government of India as sale consideration.
- Additional Payments: The party also paid $Rs 96,962$ and an annual ground rent of $Rs 4,849$ for a “change of user” status.
- Supreme Court Precedent: A 2014 Supreme Court ruling established that the petitioner is entitled to all properties and funds existing prior to the party’s internal split in 1969.
The execution of the sale deed has been stalled for over half a century due to a combination of factors, including the 1969 factional split and protracted litigation with tenants occupying the property’s outhouses. Congress asserts that it has made numerous representations to the Delhi government since 2017 to finalize the deed, but these requests have gone unanswered.
“I am in possession for 70 years. I have got everything—all documents, all payments,” Singhvi contended, urging the court to ensure the property is not reassigned to another entity in the interim.
The Delhi High Court has listed the matter for its next hearing on September 14. The proceedings will likely focus on the government’s response and whether the Congress party can prove that its petition is the appropriate legal vehicle for resolving this long-standing property dispute.
