The Supreme Court on Tuesday cleared the way for the Central government’s ambitious plan to redevelop New Delhi’s iconic Central Vista and build a new Parliament for the country.
The apex court was hearing a batch of petitions that questioned the lack of transparency and objectivity in awarding clearances to the project by the government and the Central Vista Committee.
The court held that the exercise of power by the Central Government under Section 11A(2) of the DDA Act, 1957 is just and proper and thus the modifications regarding change in land use of plot Nos. 2 to 8 in the Master Plan of Delhi, 2021/Zonal Development Plan for Zone-D and Zone-C vide impugned notification dated 20 March 2020 stands confirmed.
The project proponent may set up smog tower(s) of adequate capacity, as being integral part of the new Parliament building project; and additionally, use smog guns at the construction site throughout the construction phase is in progress on the site, the court said.
The top court further said: “We also call upon the respondent MoEF to consider issuing similar general directions regarding installation of adequate capacity of smog tower(s) as integral part in all future major development projects whilst granting development permissions, particularly in cities with bad track record of air quality—be it relating to government buildings, townships or other private projects of similar scale and magnitude, including to use smog guns during the construction activity of the project is in progress.”
Justice Sanjiv Khanna though dissented with the majority of Justices Khanwilkar and Dinesh Maheshwari, raising two points—there was neither any prior nod of heritage conservation committee nor public participation at any stage, whether in granting change of land use or in environmental clearance. He, however, agreed with the majority on the “aspects of notice inviting bid, award of consultancy and the order of the Urban Art Commission”.
On 7 December, the Supreme Court had granted permission to the Centre to proceed with the foundation stone-laying ceremony of the Central Vista project, but the court also made it clear that Centre cannot carry out any construction or demolition at the project site till the top court pronounces its judgment in the petitions challenging the project.
The top court in its order clarified that the authorities would be free to continue with procedural processes without altering the status of the site(s) in question in any manner, including to continue with the scheduled programme of foundation stone-laying on 10 December.
On 5 November, the SC had reserved orders on a batch of petitions filed by Rajeev Suri, Anuj Srivastava and others which challenged the manner in which the Central Vista project got various clearances.
