On Friday, the Apex Court denied staying the groundwork for the Central Vista project even as the Centre said there was no overreaching of the Court process in the pursuit of the ₹20,000-crore redevelopment plan of the nation’s power corridor clearances.
Appearing before a Bench led by Justice A.M. Khanwilkar, Lawyer Shikhil Suri, for petitioner Rajiv Suri, said the Govt was “churning out approvals” for the project regardless of pendency of challenge in the Supreme Court.
“Can we restrain authorities from acting as per law?” Justice Khanwilkar, flanked by Justices Dinesh Maheshwari & Sanjiv Khanna, asked Shikhil Suri.
Senior Lawyer Sanjay Hegde, appearing for another petitioner, said clearances were being sought & obtained continuously.
Solicitor General Tushar Mehta, for the Govt, said a consolidated response to the allegations would be filed. The Court asked the Govt to file its reply by July 3. It posted the case for hearing after July 6, when the Court re-opens post vacations. The Court is closing for a 2-week vacation on June 19.
The petitions have primarily challenged a notification issued by the Ministry of Housing & Urban Affairs on March 20 authorising the change of land use.
On March 6, the Supreme Court transferred the issue from the High Court Delhi and ordered that “any steps taken by the authorities, in the meantime, will be subject to the outcome of the proceedings”.
The Solicitor General countered why the petitioner has a problem as the project envisaged only the construction of Parliament.
Mr. Suri has argued that the proposed change in land usage of Central Vista, the historical boulevard of approximately 3.5 km from Rashtrapati Bhavan to India Gate, & further to the National Stadium, is a symbol of India’s historic past, nationhood & vibrant democracy.
The plea has said that “It is where living history breathes from every inch of this cherished stretch of land, where the Republic Day parade & Beating Retreat are held every year. Central Vista is an essential ingredient of our sovereignty & pride, & also where recreational spaces are available for the enjoyment by the citizens. It is a major attraction for the tourists who visit the country".
The plea reminded that Article 49 of the Constitution provided for protection of monuments & places & objects of national importance.
The petition said that “In the ‘re-development’ of the Central Vista, the entire matter has been clothed in secrecy & opacity. More sinister are the murky, dubious & suspicious events, leading up to the present-day events. Foremost is the malevolent & malicious manner in which Central Government decided in May 2015 to withdraw India’s nomination to attain a World Heritage City tag for Delhi’s Imperial Capital Cities from UNESCO; a quest it had been pursuing over the last decade or so. A dossier meticulously & painstakingly created over the previous five years & placed before UNESCO’s World Heritage Committee was abruptly withdrawn a month before a final decision was to be taken by UNESCO, without any reasons being assigned by the Government".
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