The Supreme Court on Tuesday (January 5) gave a go ahead to the Central Vista project that covers a three-km stretch from Rashtrapati Bhavan to India Gate at the heart of Delhi. Supreme Court has approved the paperwork of the Central Vista project. A three-judge bench headed by Justice A M Khanwilkar, by 2:1 majority, told that the grant of environmental clearance and the notification for change in land use for the project was valid.
The court also added that approval from the Heritage Conservation Committee will be needed when construction work is to begin. Supreme Court has directed all Central Vista project proponents to get approval from the heritage committee.
Justice Khanwilkar, writing the judgement for himself and Justice Dinesh Maheshwari, also directed that the project proponent to set up smog tower and use anti-smog guns at the construction site for the Central Vista project. The bench added that after the project is completed, smog tower to be installed in the area.
Justice Sanjiv Khanna, the third judge on the bench also agreed on the issue of award of project. He, however,disagreed with judgement on change of land use and on grant of environmental clearance for the project.
The Central Vista project revamp, announced in September 2019 envisages a new triangular Parliament building, with seating capacity for 900 to 1,200 MPs, that is to be constructed by August,2022 when the country will be celebrating its 75th Independence Day.
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 guarantee 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, and that the Centre's notification sought to override an earlier (December 2019) notice issued by the Delhi Development Authority inviting objections against the proposed changes in land use, which was itself under challenge in the top court at the time.
The government had defended the project in court,arguing that the current British-era Parliament House,opened in 1927,does not adhere to fire safety norms, has a serious space crunch,is not earthquake-proof and is not equipped with modern security infrastructure to avoid a repeat of incidents such as the 2001 Parliament attack.
The government had also argued that the Central Vista project is a policy decision and the court cannot strike down policy decisions unless they violate fundamentals rights.
"It is a policy decision that all central ministries should be at one place and that place has to be one which has historical significance",the government had told the court.
The court said that in the absence of a legal mandate it was not going into the questions raised by the petitioners on the wisdom of the government now spending money on the project.
The judges said they wanted to act within the boundaries defined by the Constitution, and not guide the government on moral or ethical matters without any legal basis.
"We cannot be called upon to govern.For,we have no wherewithal or prowess and expertise in that regard",the bench said.
According to the Centre's argument in the top court the project will save money which is paid as rent for housing central government ministries in the national capital.It had 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.
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