Manas Dasgupta
NEW DELHI, Oct 25: The Supreme Court on Monday asked the Government to explain in three days the necessity for making changes in the land use plan in the Central Vista Redevelopment Project cancelling a bus terminal and a neighbourhood park to accommodate the vice president and the prime minister’s proposed new residences.
A Bench of Justices A.M. Khanwilkar and C.T. Ravikumar asked the government, represented by Solicitor General Tushar Mehta, to file a short affidavit in three days with its response on the necessity for the modification in the plan and fixed the next hearing of the matter on October 29. The hearing was based on a petition filed by Rajiv Suri, represented by advocate Shikhil Suri, who said his plea was restricted to the proposed modification of land use in plot number one.
Supreme Court has asked the Centre to respond to the petition that claims the Central Vista project would impact a “public recreational” zone. It would not be possible to have a recreational area at the spot because parliament and the Vice President’s house are being built there, the government lawyer told the court.
The Central Vista Redevelopment Project involved a do-over of a 3.2 km stretch in the heart of Delhi at a cost of over Rs 20,000 crores. The present national capital city including the Parliament and the Secretariat buildings were designed by the British rulers before independence. Several government buildings, including the Parliament House and ministry offices, will be rebuilt as part of the project.
“I will seek instructions from the government but because Parliament and Vice-President’s house is coming up there, it would not be possible to have a recreational area in the vicinity,” Solicitor General Tushar Mehta told the court.
The latest petition involving the government’s prestige project is by social activist Rajeev Suri, the original petitioner who had challenged the Central Vista project earlier citing illegal change in land use and absence of environmental clearance. The petition has questioned the validity of the notification issued by the Ministry of Housing and Urban Affairs on October 28, 2020, notifying the change in land use by proposing modification to Zonal Development Plan of Zone ‘D’ for plot number one in the Central Vista area of Lutyens Delhi.
Rajeev Suri said in his new petition that land use in some areas are being changed from “public recreational” to “residential” for the Central Vista project. He argues that it would affect the area currently meant for public recreation. “Recreational area is proposed to be modified to residential area… It has not demonstrated any public interest in the proposed change in land use here,” Suri contended. Mehta confirmed orally to the court that the official residences of the Vice-President and the Prime Minister were stipulated for this plot.
“So, the public recreational area is not available now? Is the recreational area going to be transposed to some other area,” Justice Khanwilkar asked the top law officer. Mehta said the play area could be shifted to some other area but he said he was still not aware and cited the possible security reasons for the change in the land use plan. “The Parliament, etc, are coming up nearby… It may not be possible to have a recreational area there,” the Solicitor General submitted.
Mehta said the government would file its affidavit shortly. He convinced the Bench to list the case for urgent hearing again on Friday (October 29). Suri argued that the proposed modification “violates right to life itself. The change in land use will deprive residents of Delhi and citizens of India a vast chunk of highly-treasured open and green space in the Central Vista… Right to life includes the right to enjoyment of a wholesome life,” Suri argued.
In January, the Supreme Court, in a majority verdict, had given the government the go-ahead to the multi-crore Central Vista redevelopment project. The verdict had focussed on the building of a new Parliament three times bigger than the existing 93-year-old heritage building and was concerned with the modification in the use of 86.1 acres of land home to India’s power corridor.
In their majority opinion, Justices Khanwilkar and Dinesh Maheshwari had said the government did not act against public trust. The Opposition had accused the government of spending public money on the redevelopment project when the country was battling the COVID-19 pandemic and unemployment with scant resources.
Justice Sanjeev Khanna, in his minority view, opined that there should have been more public consultation involved. The majority judgment, however, had accepted the government’s view that the Central Vista project aimed at an “integrated administration block” and “synergised functioning” of Ministries at present spread across 47 buildings in the region, and in particular, Central Secretariat block. Earlier petitions were dismissed by both the Delhi High Court and the Supreme Court, and the project was not stopped.
