Delhi HC Slams Centre Over Delay in Allotting House to Arvind Kejriwal: "Can't Pick and Choose"

The Delhi High Court on Tuesday came down heavily on the central government for its evasive stance on allotting a government residence in the national capital to Aam Aadmi Party (AAP) convenor Arvind Kejriwal. The court criticised the government’s approach as resembling a “free-for-all” system, and said it cannot arbitrarily decide who gets a house and who doesn’t.

The case revolves around AAP’s request for the allocation of the bungalow at 35 Lodhi Estate, a property that was vacated by BSP chief Mayawati earlier this year in May. During the hearing, AAP’s counsel Rahul Mehra informed the court that the Additional Solicitor General (ASG) Chetan Sharma had previously sought time to seek instructions on the matter. However, the Centre’s legal team later kept seeking passovers, citing the ASG’s unavailability.

Despite the delays in court, Mehra pointed out that the same bungalow — 35 Lodhi Estate — was quietly allotted to someone else in the meantime.

The law officer eventually confirmed that the property had been allotted to a minister of state (MoS), but requested time to provide the exact date of the allotment. He argued that the AAP could not insist on a particular bungalow and highlighted that government housing was in high demand, with a long waiting list.

But the court was unimpressed.

Justice Subramonium Prasad Datta firmly rejected the justification and questioned the Centre’s fairness in the matter. “It’s completely unacceptable. You’ve allotted 35 Lodhi Estate while seeking passovers. You’re not interested in this matter. The same thing happened during the last hearing,” the judge observed. “The waiting list cannot be a reason to deny allotment. It has never deterred allotments in the past.”

He further remarked, “It appears like a free-for-all system. I want to know what the governing policy is for allotment from the general pool. You can’t pick and choose. I also want to know when 35 Lodhi Estate was allotted — after 26/8 or later. That’s very crucial.”

Justice Datta directed the Centre to submit by September 18:

* The official policy governing allotment of residences from the general pool

* The current waiting list

* The exact date on which 35 Lodhi Estate was allotted

The court is currently hearing a petition filed by AAP seeking the allotment of a government residence to Kejriwal. As per guidelines, the president of a recognised national party is entitled to one government residence in Delhi.

Kejriwal had vacated his official CM residence at 6, Flagstaff Road in October 2024 after stepping down as Delhi’s chief minister. Since then, he has been living at the official residence of another AAP leader near Mandi House.