Supreme Court bench clears Central Vista project with riders
Majority judgement by Justice Khanwilkar and Justice Maheshwari hold that the exercise of the Central Government under DDA Act is legal and valid and the impugned notification stands confirmed. The Supreme Court of India has, by majority judgment, allowed the government to continue with its Central Vista Redevelopment project - with riders. It has specified caveat that, before commencement of project, the Centre will require the nod of Heritage Committee. Justice Khanna pronounced the minority judgment and expressed concern about lack of public consultation by the government. A bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna pronounced the verdict on the batch of petitions challenging the redevelopment of Central Vista area of Lutyen's Delhi. The court during a previous hearing on November 5, 2020 reserved judgement on the case. Pronouncing the first part Justice Khanwilkar said: "The judgment which I am going to pronounce is in majority by Myself and Justice Maheshwari. Justice Sanjiv Khanna will pronounce a separate judgment." "We hold that the exercise of the Central Government under DDA Act is legal and valid and the impugned notification stands confirmed. Recommendation by Environmental Committee is just and legal and uphold the same. We call upon the Ministry of Environment to install smog towers in future projects, particularly in those cities where pollution is an issue," he added. Justice Khanwilkar stated conditions: “Smog towers are to be installed and installation of the same be carried out during construction. The project proponent will also set up smog towers as being integral part of new parliament building project.” He added that modifications regarding change in land use in plot 228 of master plan of Delhi and zonal development plan for zone C and D stands confirmed, but noted that the respondents (Centre) shall obtain prior permission before actually starting any redevelopment work, adding: “selection appointment in the present case is held to be just and proper.” On his part, Justice Khanna said he agreed with Justice Khanwilkar “the aspect of notice inviting bid, award and order of urban commission” but dissents on the “aspect of change of land use.” “I have held that the same was initiated as being bad and law. This is for two reasons – firstly because there was no disclosure for public participation and second because there has been no prior approval taken of the Heritage Conservation Committee,” Justice Khanna said. “I have accordingly remitted the matter the Heritage Conservation Committee. We have not gone into the merits. The approval given by the committee is a non-speaking order,” he stated. Petitioners had approached the apex court challenging the Delhi Development Authority’s (DDA) powers to authorise change in land use for the redevelopment project and had questioned the process of public hearings, argued that it was a mere formality.
They had also raised environmental concerns on account of the Cental Vista Project on the ground that it involves a change in land use of the green area adjoining Rajpath and Vijay Chowk for building new Parliament and government offices. The government however defended the project claiming that construction of a new Parliament building and Central Secretariat has become an “absolute necessity due to the stress on the present ones.” The Centre had also argued the project would "save money" which is paid as rent for housing central government ministries in the national capital and submitted that the decision to have a new Parliament building has not been taken in haste and no law or norms have been violated in any manner for the project and that there was no favouritism in selecting consultant. It also said that the argument that the government could have adopted a better process cannot be a ground to scrap the project. Announced in September 2019, the Central Vista revamp envisages a new triangular Parliament building, with seating capacity for 900 to 1,200 Members of Parliament (MPs), which is to be constructed by August, 2022 when the country will be celebrating its 75th Independence Day. The common Central Secretariat is likely to be built by 2024 under the project against which various pleas were filed. On December 7, 2020, the SC allowed the Centre to proceed with the foundation stone-laying ceremony for the Central Vista project on December 10 after the government assured it that no construction or demolition work would commence till the apex court decides the pending pleas on the issue. On November 5, the apex court had reserved its verdict on a batch of pleas which have raised questions over the Centre's ambitious Central Vista project, which covers three km stretch from Rashtrapati Bhavan to India Gate in Lutyens' Delhi.