In a majority verdict, the Supreme Court on Tuesday upheld the environmental clearance and notification for change in land use for the Central Vista Project. A three-judge bench headed by Justice AM Khanwilkar, by 2:1 majority, held that the grant of the environmental clearance and the notification for change in land use for the project was valid. Justice Khanwilkar, writing the judgement for himself and Justice Dinesh Maheshwari, also directed that the project proponent set up smog tower and use anti-smoke guns at the construction site for the Central Vista project.
Justice Sanjiv Khanna, the third judge on the bench, also agreed on the issue of award of project. He, however, disagreed with the judgment on change of land use and on grant of environmental clearance for the project.
The court was hearing a batch of pleas, which have questioned several aspects, including the environmental clearance granted to the ambitious Central vista project.
The Central Vista 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.
The common Central Secretariat is likely to be built by 2024 under the project against which various pleas have been filed. A bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna will pronounce the verdict on the batch of pleas on which it had reserved its verdict on November 5, last year.
On December 7, last year the top court had allowed the Centre to proceed with the foundation stone-laying ceremony for the Central Vista project on December 10 after the government assured it that no construction or demolition work would commence till the apex court decides the pending pleas on the issue.
The Centre had told the bench that there would be only foundation stone-laying ceremony, and no construction, demolition or felling of trees would be done for the project as of now. Prime Minister Narendra Modi had laid the foundation stone on December 10, last year, for the new Parliament building and the construction is expected to be completed by 2022 at an estimated cost of Rs 971 crore, Lok Sabha Speaker Om Birla had said on December 5, last year.
The apex court had earlier said that any change at the ground level made by authorities for the Central Vista project will be “at their own risk”. It had 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.
On November 5, the apex court had reserved its verdict on a batch of pleas which have raised questions over the Centre’s ambitious Central Vista project, which covers three km stretch from Rashtrapati Bhavan to India Gate in Lutyens’ Delhi.
The Centre had earlier argued in the top court that the project would “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.
The Centre had also said there was no arbitrariness or favouritism in selecting consultant for the project and the argument that the government could have adopted a better process cannot be a ground to scrap the project. Gujarat-based architecture firm HCP Designs has won the consultancy bid for the project to redevelop the Central Vista.
The top court is hearing several pleas on the issue, including the one filed by activist Rajeev Suri, against various permissions given to the project by authorities including the nod to change of land use. The pleas have also challenged the grant of a no-objection certificate by the Central Vista Committee (CVC) and also the environmental clearances for the construction of a new parliament house building.
One of the pleas was filed against a Delhi High Court order which had 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.
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 stay order of the high court on the single judge bench’s February 11 direction had come on the intra-court appeal of the DDA and the Centre. The 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 new Parliament and government offices.
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