SC refuses to stay Central Vista plan, seeks detailed response from Centre

The Supreme Court on Friday refused to stay the Rs 20,000 crore project of the Central government for the redevelopment of the Central Vista in the national capital.

A bench of the apex court headed by Justice AM Khanwilkar also sought a detailed response from the Central government on a plea seeking to stay the Central Vista redevelopment plan in view of the COVID-19 pandemic.

The top court also allowed a request by petitioner Rajeev Suri to amend his plea and slated the matter for further hearing on July 7.

During the hearing held through video conferencing, the lawyer for the petitioner told the apex court that the environmental clearance committee had passed some order yesterday in connection with the project despite the matter being pending in this court.

"This matter can be taken up later but Solicitor General Tushar Mehta must assure that no further actions or step will be taken," petitioner's lawyer submitted.

Mehta, appearing for the Centre, sought time to file its detailed response in the matter while Suri said that he will file a rejoinder on its reply.

The Supreme Court had in the last hearing also refused to stay the redevelopment plan observing that nobody is doing anything during the ongoing coronavirus crisis.
 

The plea, moved by Suri, is also challenging the decision of the Central government to notify a change in land use regarding the redevelopment plan.

The Supreme Court added that any change at the ground level made by authorities for the Central Vista project, covering 3-km stretch from Rashtrapati Bhavan to India Gate in Lutyens' Delhi, will be "at their own risk".

The apex court made it clear that the fate of the project, which includes several new government buildings and a new Parliament House, will depend on its decision.

The top court was hearing a plea against the Delhi High Court order which said the Delhi Development Authority (DDA) was not required to apprise it before notifying changes in the Master Plan to allow the Central Vista project of the central government.

"Any change at the ground level will be at their own risk," said a bench headed by Justice A M Khanwilkar.

The vehement plea of the petitioner that the ground situation at the site should not be changed as there are several monuments of national heritage which may be removed, did not cut much ice with the court which observed that the project will not be completed within a week.

The bench, also comprising Justices Dinesh Maheshwari and Sanjiv Khanna, was informed by the petitioner that two notifications have been issued one regarding land use change and the other giving environmental clearance to the project.

"We have already said, whatever step are taken, it is on their risk," the bench observed.

Solicitor General Tushar Mehta, appearing for the Centre, told the bench that no norms have been violated in granting the requisite approval for the project.

Senior advocate Sanjay Hegde, appearing for the petitioner, argued that till the next date of hearing no clearance should be granted as all those clearances will also be challenged.

The bench asked the petitioner to file his compilation by June 23 and directed the Centre to file its response by July 3.

The division bench of the Delhi High Court had on February 28 stayed an order of its single judge bench which had asked the DDA to approach the court before notifying any change in the Master Plan for going forth with the Centre's ambitious project to redevelop the Central Vista.

The high court's stay order on the single judge bench's February 11 direction had come on the intra-court appeal of the DDA and the Centre.

The two petitioners before the high court had opposed the Central Vista project on the ground that it involves a change in land use of the green area adjoining Rajpath and Vijay Chowk for building a new Parliament and government offices.

Gujarat-based architecture firm HCP Designs has won the consultancy bid for the Centre's ambitious project to redevelop the Central Vista.

The revamp, which was announced in September last year, envisages a new triangular Parliament building, with seating capacity for 900 to 1,200 MPs, that is targeted 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.