The Supreme Court of India on Tuesday, 5 January 2021, delivered its judgment on a batch of petitions challenging the Central Vista Project of the Government of India, which aims to create a larger working space for the legislature in Lutyens Delhi.
The three-judge bench comprised of Justices Khanwilkar and Dinesh Maheshwari forming the majority, upholding the project held that there were no infirmities in its clearances and approvals, while Justice Sanjiv Khanna penned his dissent in a separate judgement citing reservations on aspects of public participation, failure to take prior approval of the Heritage Conservation Committee and the order passed by the Expert Appraisal Committee.
Summary of conclusion and order
On the exercise of power by the Central Government (under Section 11A (2) of the DDA Act, 1957), the Court held that it was just and proper and for that reason, the modifications concerning the change in land use are confirmed. Further, the recommendation and grant of Environmental Clearance were just, proper, and following the law.
The Court also directed the setting up and installation of smog tower(s) as an integral part of the project and the use of smog guns throughout the phase of construction. The Court further, advised the MoEF to consider the same as integral parts of all future major development projects whilst granting development permissions to both government and private projects.
Finally, the appointment of the consultant was held to be just and proper.
Dissent
While expressing his opinion, Justice Khanna stated,
“Since I have reservations with the opinion expressed by my esteemed brother A.M. Khanwilkar, J. on the aspects of public participation on the interpretation of the statutory provisions, failure to take prior approval of the Heritage Conservation Committee and the order passed by the Expert Appraisal Committee, I have penned down a separate dissenting judgment.”
Justice Khanna however, concurred with the conclusions in the majority judgment on the aspects of Notice inviting Bid, the award of consultancy, and the order of the Urban Arts Commission, as a standalone and independent order.
Observing that the primary grievance is the lack of information, Khanna J. suggested remitting the matter to a public hearing and that within 4 weeks, suggestions/ objections may be filed.
Further, the Justice stated that he would quash and set aside the final notification of modification/change of the land use dated 28th March 2020, and in this regard, issued certain directives.
This includes the direction to the Central Government to put adequate and intelligible information on the web alongside public advertisement on the website of the authority and the central government and put-up appropriate publication in the print media, within 7 days. The Heritage Conservation committee was then directed to decide all contentions according to the Unified Building Byelaws and the Master Plan of Delhi.
Finally, setting aside the order of the EAC dated 22 April 202 and the EC granted by the MoEF, an order of remit was passed to the EAC with a request to decide the EC within 30 days.
However, on the aspect of Environmental Clearance, Justice Khanna observed that it was a non-speaking order.
The order can be accessed here Click
Reported by Bhavika & Abantika.