HC refuses to direct action against Atishi for allowing Sisodia to stay at official bungalow

The court stated that the relevant authorities were competent to act against Atishi, in case of violation of rules.

The Delhi high court on Wednesday refused to direct the Union government to act against chief minister Atishi for allowing senior Aam Aadmi Party (AAP) leader Manish Sisodia and his family to use a Mathura Road bungalow allotted to her for 19 months, despite Sisodia’s resignation as deputy chief minister following his arrest in connection with alleged irregularities in the Delhi excise policy 2021-22.

The Delhi high court (File)

Hearing a petition filed by social worker Sanjeev Jain, a bench of acting chief justice Vibhu Bakhru stated that the relevant authorities were competent to act against Atishi, in case of violation of rules.

“We do not consider it apposite to pass such orders. In case the rules have been violated, the concerned authorities are fully entitled to take action,” the court said.

In March 2023, the Delhi Public Works Department (PWD) allotted the AB-17, Mathura Road bungalow — previously occupied by Sisodia — to Atishi after she was elevated as a minister in the state cabinet. PWD made the decision after Sisodia resigned as deputy chief minister following his arrest in the excise policy case.

However, Sisodia and his family continued to live at AB-17, Mathura Road for another year-and-a-half, before moving to 32, Rajendra Prasad Road — a central government property allotted to AAP Rajya Sabha MP Harbhajan Singh — in October 2024.

Atishi’s occupation of the Mathura Road bungalow came into the spotlight after the AAP alleged that the Bharatiya Janata Party (BJP) had “snatched away” the 6, Flag Staff Road bungalow from her due to political vendetta.

6, Flag Staff Road, though not the designated residence for the Delhi chief minister, is nevertheless where AAP convener Arvind Kejriwal stayed during his tenure as CM. The house became mired in controversy after the BJP accused Kejriwal of spending vast sums of money to renovate it.

The BJP, however, dismissed Atishi’s allegations, said that she continues to live in her constituency of Kalkaji, and claimed that she had accommodated her “political associates” at 17-AB, Mathura Road.

Jain, in his petition, alleged that Atishi, by allowing Sisodia and his family to reside in her government bungalow despite his resignation, had violated the settled rules and regulations for allotment and vacation of government property, and also misused the government property.

According to the rules, a minister pursuant to resignation from his office is under a mandate to vacate the government residence within 15 days and permits only the allottee’s family to reside in the bungalow.

The petition also sought to recover damages from Atishi, accused the CM of misappropriating government property, and alleged that she extended gainful benefit to Sisodia for getting a high rank in the party.