The Delhi High Court in the case of Anya Malhotra & Anr v. Union of India & Ors. comprising of a division Bench Chief Justice and Justice Jyoti Singh while dismissing a petition to stop the construction of Central Vista stated that the Central Vista is an essential project which is of national importance that has to be completed before November 2021. It further stated that time is of essence in this case and hence the construction has no reason to be stopped. The court further pointed out that all necessary COVID protocol are also being followed by the workers at the contraction site making it safe for the construction activity to be worked upon.
Facts of the case:
A writ petition has been preferred as a Public Interest Litigation before the Delhi High Court praying for a direction in the nature of mandamus commanding the respondent to suspend all construction activity of the Central Vista Construction Avenue Redevelopment Project keeping in mind the order issued by the Delhi Disaster Management Authority during the subsistence of the peak phase of the pandemic. It has also been prayed in the present petition that notwithstanding such suspension of work the labours must be paid and released arrears of wages to the workers/labourers engaged in the Central Vista Avenue Redevelopment Project.
Contention of the Petitioner:
The Petitioner in its contentions contends before the Court that;
- Jurisdiction of this Court had been invoked to enforce the Orders issued by Delhi Disaster Management Authority and in the light of the said Orders directions are sought to Respondents to forthwith suspend all construction activities of the Central Vista Avenue Redevelopment Project.
- The positivity rate of COVID cases in Delhi is alarmingly high for which everything other than essential services has been stopped. Keeping this in view the curfew has also been extended,
- The issue of several orders by the DDMA restricting movements during the curfew, Respondent No.3 issued the movement pass dated 19th, April 2021, permitting vehicles engaged in development and redevelopment of Central Vista Avenue to operate during the curfew and lockdown on the ground of exigency of Government work.
- The movement pass was issued in gross breach and violation of the aforesaid orders issued by the DDMA and under an erroneous presumption that the construction of the Project is an essential activity, whereas the Project does not fall under the category of ‘essential’ services.
- News reports indicated that there was transportation of nearly 30% workers till 30th April, 2021 from different places to the Project site thereby increasing the risk of infection and in clear violation of the right to health and life of the workers, besides posing threat of infection to the other citizens of Delhi at a time when there was a huge surge in the number of Covid-19 cases.
- There is an imminent necessity of restraining the construction activities carried out by Respondent No.4 and suspending the movement pass issued by the Respondent No. 3, forthwith.
Contention of the Respondent:
The Respondent in its submissions contends before the Court that the
- Scope of the work which is the subject-matter of the present petition is limited to the redevelopment of Central Vista Avenue where the Republic Day Celebrations are held on 26th January every year making it an important tourist place,
- Work is to be completed by November, 2021. It was confirmed that 250 workers expressed their willingness to continue working at the Project site and accordingly all necessary facilities were provided for their accommodation, on-site.
- Measures have been taken to ensure strict implementation of COVID-19 protocols and adherence to Covid-19 appropriate behaviour such as sanitization, thermal screening, physical and social distancing and masking etc. Health insurance to the workers has also been provided.
- Petitioners are misreading and misinterpreting the movement pass. As a matter of fact, while the arrangements for stay of the workers was being made at the site.
Judgement and observation
The Court in its observation stated “that since the workers who are working at the project are staying on site, no question of issuing directions to suspend the work of Central Vista Avenue Redevelopment Project, whatsoever, arises.”
The court keeping in mind the facts and circumstances held that the whole Central Vista Project is an essential project of National importance, where the sovereign functions of Parliament are also to be conducted and thus the Public is vitally interested in this project and thus construction cannot be stopped. It further held that the petition is a “motivated” one preferred by the petitioner and not a genuine PIL.
The petition was thus disposed off with a cost of Rupees 1 lakh.
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