The three-member bench led by Justice A M Khanwilkar in its 179-page order spelt out the reasons for giving the nod for the project.
Delhi's Central Vista project on Tuesday, got the nod from the Supreme Court of India, with a three member bench pronouncing the judgement 2-1. The bench comprising of Justice A M Khanwilkar and Justice Dinesh Maheshwari gave the judgement in favour of the project while Justice Sanjiv Khanna pronounced a separate judgment.
The three-member bench led by Justice A M Khanwilkar in its 179-page order spelt out the reasons for giving the nod for the project.
Why SC upheld clearance to Central Vista project
- We cannot be called upon to govern. We lack the expertise and wherewithal to do so.
- We are compelled to wonder if we, in absence of a legal mandate, can dictate to the government to desist from spending money on one project and instead use it for something else.
- Or if we can ask govt to run their offices only from areas decided by this court.
- Or if we can question the wisdom of the government in focussing on a particular direction of development.
- Or if we can jump to put a full stop in execution of policy matters in the first instance without a demonstration of irreparable loss or urgent necessity.
- Or if we can guide the government on ethical or moral matters without any legal basis.
What is the Central Vista project ?
- The project aims to renovate and redevelop 86 acres of land in Lutyens's Delhi.
- Lutyens’s Delhi has some of the landmark structures of the Indian government including Parliament House, Rashtrapati Bhavan, India Gate, North Block and South Block, etc.
- This is also called the 'Prime Minister's dream project' of redeveloping the nation's administrative heart.
- The project was announced by the Ministry of Housing and Urban Affairs on September 13, 2019.
Petition against the project
- A petition was filed in the Supreme Court in April 2020, challenging the Centre's change-of-land-use notification of March 2020 with regard to the 86 acres of land.
- The petitioner, Rajeev Suri, submitted that the order violated the citizen's Right to Life guaranteed under Article 21 by depriving people of open and green spaces.
- The petition also argued that the notification violated the Master Plan of Delhi 2021.
- It said that the Centre's notification sought to override an earlier (December 2019) notice issued by the Delhi Development Authority.
- The earlier notice raised objections against the proposed changes in land use, which was itself under challenge in the top court at the time.
Grounds of the case
- The Supreme Court heard the challenge on three main grounds.
- The three main grounds were - change of land use, violations of municipal law and violations of environmental law.
- During final hearings in October and November 2020, several top lawyers appeared in the case.
- Supreme Court reserved its judgment on November 5, 2020.
Bhumi Pujan of new Parliament building
The groundbreaking ceremony for the new Parliament building was held on December 10. Prime Minister Narendra Modi laid the foundation stone for a new, triangular Parliament building, with the capacity to seat between 900 and 1,200 MPs. The building is expected to be constructed by August 2022 when the nation will be celebrating its 75th Independence Day.
The Supreme Court allowed the ceremony after the government assured it that no construction or demolition work or felling of trees would commence until the pending case was decided.
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