Solicitor General Tushar Mehta on Tuesday assured the Delhi High Court that he would seek instructions from the Centre within a week in a petition filed by the Delhi Waqf Board, seeking directions to preserve the original shape, form and use of all the waqf properties situated in or around the Central Vista Redevelopment Project or other project (s) allied to it, along with the easements attached to those properties.

The petition was listed before a single-judge bench of Justice Sanjeev Sachdeva. SG Tushar Mehta appearing for the Centre sought a weeks’ time to seek instruction from the Centre regarding the grievance of the petitioner. Upon this statement by SG Mehta, Senior Advocate Sanjoy Ghose, appearing for the Delhi Waqf Board, sought assurance from the SG that till the next date status quo be maintained.

Justice Sanjeev Sachdeva interjected at this point asking: “Why should he give that assurance?” and stated that would be an effective stay order. Ghose clarified that he was only seeking assurance with regard to waqf properties and not to the Central Vista Redevelopment Project.

Justice Sachdeva replied the Central Vista Redevelopment Project is continuing in a particular fashion, there is a plan in place and there are timelines for completion. Justice Sachdeva said the Centre must have deliberated on the issue of these old structures and it is not something that has suddenly cropped up.

Background

According to the petition, subject matter in the plea, are Waqf Properties, which are old and important places of worship and are likely to be impacted by the ongoing Central Vista Redevelopment Project, namely: 1. Masjid, Zabta Ganj 2. Jama Masjid, New Delhi 3. Masjid, Sunehri Bagh Road 4. Mazar, Sunehri Bagh Road 5. Masjid, Krishi Bhawan 6. Masjid, Vice-President House.

Also Read: Delhi High Court refuses to stay ED summons against Trinamool MP Abhishek Banerjee, his wife

The petition claims the Delhi Waqf Board is not in any manner seeking any order or direction against the respondent in respect of continuation of Central Vista Project and does not in any manner seek to delay or obstruct the same. 

The petition further claims that it is instituted with a limited objective to ensure that the religious/waqf properties, which are also of historical importance, are preserved and protected in the Redevelopment. 

The petition further clarifies that Delhi Waqf Board was constrained to file the petition only on account of the fact that several representations made by the board, seeking clarification and assurances from the Centre have gone unheard and without any response. The Court has listed this matter for further hearing next week.

The Supreme Court bench headed by Justices AM Khanwilkar, Dinesh Maheshwari & Aniruddha Bose dismissed the plea against the Delhi HC order which had dismissed the plea seeking to halt the construction of “Central Vista Redevelopment Project” and had imposed a cost of One lakh on petitioners. 

The Supreme Court today agreed with the findings of the Delhi High Court after noting that the petitioner had selectively chosen Central Vista Project and did not even research about other public projects which were allowed during the lockdown.

During the hearing, today Senior Advocate Siddharth Malhotra appeared for the petitioner Anya Malhotra submitted that we prayed to issue the writ in the nature of mandamus for the construction during the subsistence of peak face of the pandemic. 

The Top Court pointed out that the petitioner didn’t raise any objection to similar projects in the City and that is what recorded by the High Court in its order. 

“You are a PIL petitioner which is indicated in para 37 & you said that this is adding to the super spreader. Did you make honest research as to how many projects were going on & were of the same nature?” asked Justice Maheshwari. 

Also Read: Supreme Court adjourns hearing of Kerala government plea seeking directions to withdraw 2015 Assembly violence cases against CPM leaders

Sr Adv Luthra replied the point is that there was no compliance by the contractor. 

The Court put forward another questions as a PIL petitioner, did you do an honest research of all the similar projects? 

The Court dismissed the petition. 

The Court was heating the petitions filed against the Delhi High Court Order. One of the plea was filed by Advocate Pradeep Kumar Yadav seeking directions against the order passed by the Delhi High Court in Central Vista Project. The petitioner had raised questions of Law and Grounds that if whole country is affected in this pendamic scenario, even small shops and other things has been stopped then Why’s about more than 500 labourer are allowed in construction site and what’s are urgencies, even Hon’ble Supreme Court as well as other Hon’ble High Court and other Hon’ble Courts are fully closed in physical mode then Why’s not construction of Central Vista should be stopped till resuming of normal life of General Public. 

The second plea was filed by Anya Malhotra who was the original petitioner before the Delhi High Court. The petitioners moved the Supreme Court against the judgment of the Delhi High Court which had dismissed their plea against the classification of Central Vista work as essential during the second Covid wave and had imposed a cost of Rs 1 lakh on them.

The appeal filed by Anya Malhotra and Sohail Hashmi said,

“The judgment, especially the imposition of exorbitant costs, has a chilling effect on public spirited individuals raising genuine issues of public health and on the right of citizens to question the actions of the government and to hold it to account, which it is submitted is the bedrock of democracy.”

Also Read: Migrant workers suo motu case: Supreme Court sets July 31 deadline for states on one nation, one ration card, for Centre to set up worker registration portal

The Delhi High Court had dismissed the petition stating that since workers are staying at work site, there would be no spread of Novel Corona virus, as all the precautions have been taken up by the Centre and it cannot halt the construction under the DDMA order of April 19.

The appeal in SC further stated, “The impugned judgment apart from misconstruing the bonafide intention of the petitioners, without cause cast them in a negative light at the cost of their right to reputation.”

“Since it (construction work) had the potential of being a super spreader activity, on account of the to and fro movement of the workers from the site to their accommodation at Sarai Kale Khan, Karol Bagh, Kalkaji, Nizamuddin, etc., it was posing a grave risk to the health and safety of the workers and the residents of Delhi,” the plea added.

The hearing on a petition seeking a stay on the ‘Central Vista Redevelopment Project’ during the Covid-19 pandemic was adjourned, as the Delhi High Court Bench did not assemble today.

The Delhi High Court Bench, headed by Chief Justice DN Patel, did not assemble yesterday also, when the matter was scheduled to be heard. The petition will now be heard on May 17.

The petition was filed in the Delhi High Court by Anya Malhotra and Sohail Hashmi through Advocates Gautam Khazanchi and Pradyuman Kaistha. It sought interim relief of halt on work of the Project, in light of the COVID-19 pandemic that has ravaged the country.

The Union of India had, on May 11, filed a reply in the Delhi High Court to the petition, calling it an abuse of the process of law and another attempt to stall the project and sought dismissal of the plea with cost. The affidavit was signed by Rajiv Sharma, Executive Engineer Central Vista Project Division-III and filed by Solicitor General Tushar Mehta.

It submitted that the work, which formulates the subject matter of the petition, was awarded to M/s Shapoorji Pallonji and Company in January, 2021.

Read Also: Delhi court dismisses Navneet Kalra’s bail plea in oxygen concentrator hoarding, black marketing case

The scope of work for the project in question is not what is colloquially referred to as ‘the Central Vista Project,’ whereas the scope of work, which is a subject matter of the petition, is limited to the redevelopment of Central Vista Avenue (both sides of Rajpath), where the Republic Day Celebrations are held annually and widely visited by the common public and tourists in Delhi, it added. 

The Delhi High Court will today hear the petition seeking a stay on the Central Vista redevelopment project during the Covid-19 pandemic.

The petition was filed in the Delhi High Court by Anya Malhotra and Sohail Hashmi through Advocates Gautam Khazanchi and Pradyuman Kaistha. It sought interim relief of halt on project work in the light of the Covid-19 pandemic that has ravaged the country.

The Union of India had yesterday filed a reply to the petition, calling it an abuse of the process of law and another attempt to stall the project and sought its dismissal with cost. The affidavit was signed by Rajiv Sharma, Executive Engineer, Central Vista Project Division-III and filed by Solicitor General Tushar Mehta.

It submitted that the work, which formulates the subject matter of the petition, was awarded to Shapoorji Pallonji and Company in January 2021.

Read Also: Covid-19 third wave: Preparing for the worst

The scope of work for the project in question is not what is colloquially referred to as “the Central Vista Project”, whereas the scope of work, which is a subject matter of the petition, is limited to the redevelopment of Central Vista Avenue (both sides of Rajpath), where the Republic Day celebrations are held annually and widely visited by the people and tourists in Delhi, it added.

The Delhi High Court on Tuesday decided to hear a petition against the ongoing Central Vista construction amid Covid 19 on Wednesday. The hearing today was held before the bench of Chief Justice D.N. Patel and Justice Jasmeet Singh.

The petitioners have argued that the Central Vista Project cannot be said to an “essential service” merely because an executive mandated contractual deadline is ostensibly required to be met.
Senior Advocate Sidharth Luthra appeared for the petitioner and said: “The matter relates to a specific area where construction is going on unabated, while there is full curfew elsewhere.”
Solicitor General Tushar Mehta said he has filed a reply. He clarified that he was the official Counsel for the respondent.

Luthra said: “We have moved an application for appointment of a Commissioner.”

Chief Justice Patel said: “Reply is not on record. Where is your application for urgent hearing?”

Following that court ordered: “The writ petition was mentioned yesterday and was kept today for fixing an early date of hearing. Counter affidavit has been filed. Affidavit shall be brought on record.

Luthra said: “Issue is distinct… there is urgency.. I was given to understand that the Solicitor General would join me for earliest possible listing.”

Mehta said: “He is right. I would agree for any earliest date.”
The court decided to hear the case tomorrow.

Read Also: Delhi HC to hear matter related to flight crew breath check today

Luthra said that the third respondent (Delhi government) and the fourth respondent (Shapoorji Pallonji) are crucial.
The court said: “We’ll see it tomorrow.”

Luthra added: “There is a third respondent.. the NCT of Delhi.”
Court: “We are keeping the matter tomorrow.”

The court also said that notices would be issued tomorrow.

The Supreme Court on Friday said it is not inclined to enter into the merits of the case while hearing the appeal seeking a stay on the Central Vista construction work during the Covid-19 pandemic. 

The Apex Court said that the High Court is seized of the matter. “We are of the opinion that the matter is pending before the HC and the matter is simply in adjournment,” said the bench of Justices Vineet Saran and Dinesh Maheshwari. 

The Court noted in its order, “After some arguments placed by Senior Adv Sidharth Luthra, we are of the opinion that the matter is pending before the HC and the matter is simply in adjournment. We are not inclined to enter into the merits of the case.”

It further said, “We request Mr Luthra, either himself or on behalf of the counsel of petitioner to make a request before the HC Chief Justice on Monday, to take up the matter as earliest as possible. The HC shall fasten the date for early hearing looking at the urgency of the matter.”

Solicitor General Tushar Mehta at this point made an objection to the word “shall” he said, it will set up a wrong precedent.

Justice Vineet Saran replied we will look into it. 

“During the hearing today, take the Court through an increasing rate of Covid in NCT of Delhi. This is the matter which needs consideration. We are only concerned about a three and a half kilometres stretch,” he said. 

“He showed the order passed by the DDMA. Today the health system is broken down,” he added. 

Justice Vineet Saran said we are conscious of it…we can’t make any observation, it can be taken otherwise. Court is conscious of this fact.

Siddarth Luthra said, “Shapoorji Pallonji (construction company) allowed to do work in three shifts and allowed to carry workers in buses from different sites. I cannot understand how the construction activity be allowed during this period. When health services are being compromised.” 

Justice Saran said the HC is looking at this matter. 

Luthra replied we have made a statement before the HC that we are conscious of the judgment passed by the Supreme Court (whereby the construction on Central Vista Redevelopment Project) has been allowed. The HC said it has to study the judgment of the Supreme Court. He said he can file an affidavit. 

Justice Maheshwari pointed out that there is no affidavit required. See HC is seized of the matter. Once you have filed a petition before the HC you have to wait, said Justice Maheshwari. 

Sidharth Luthra said, “The HC deferred the matter to May 17, without asking response from the Centre. I have filed it on humanitarian grounds, if the matter can be preponed. We have postponed the IPL. Despite the best efforts from Centre, there are limitations.”

Solicitor General at this point objected and said such a person come in the middle and filing a SLP against interim order raises a serious doubt. 

Supreme Court said, “We will ask HC to take up matter on Monday.” 

SG replied that this will set up a wrong precedent in a simply adjourned matter SC is directing.

Luthra requested that since there is a public health and the HC may take this matter on May 10. 

Supreme Court said, “See our difficulty, we don’t have the order of the HC. We assume that it’s the simply adjourned matter before the HC. We are not going to direct the HC.”

Previously, Luthra mentioned the matter on Wednesday this week, before the Supreme Court bench led by the CJI and had requested to take up the plea after the Delhi High Court deferred the hearing of the request till May 17.

Then the matter was listed today before the bench of Justices Vineet Saran and Dinesh Maheshwari. 

The construction of the Rs 20,000 crore project in the heart of the national capital has been brought under the ambit of “essential services” angering the opposition. 

The Delhi High Court on Tuesday had refused to issue notice in the plea seeking stay/suspension on all construction activity on the project amid the Covid pandemic while stating the Court wanted to study the Supreme Court judgment and list the matter for further hearing on May 17.

A bench headed by Chief Justice D.N. Patel and Justice Jasmeet Singh heard the matter through video conferencing.

Read Also: Supreme Court directs Delhi Jal Board to approach Upper Yamuna River Board for shortage of water in Delhi

The Supreme Court on January 5 this year had allowed the Central government to go ahead with the Central Vista Project, which aims to redevelop Parliament and government offices around it.

The petition was filed in the Delhi High Court by petitioners Anya Malhotra and Sohail Hashmi through Advocates Gautam Khazanchi and Pradyuman Kaistha seeks interim relief of halt on work of Central Vista Project (CVP) in light of Covid-19. 

The petition said that the petitioners are deeply concerned by the super spreading potential and threat posed by the continuing construction activity at the ‘Central Vista Avenue Redevelopment Project’ awarded by Respondents CPWD to Shapoorji Pallonji and Company Pvt. Ltd which entails construction activity on Rajpath and the surrounding lawns from India Gate to Rashtrapati Bhavan. 

The petitioners are further moved by the plight of the workers who are being exposed to the infection on a daily basis while working and that too without payment. The petitioners sought redressal of the aforementioned issues and have no personal interest in this litigation. 

The petition is based on official documents, published news reports and other relevant documents available in the public forum. The petitioners have undertaken due research and sought to procure all relevant publicly available material. 

The petition is being filed for the larger benefit of curtailing the uncontrolled spread of Covid-19 in the NCT of Delhi and for the direct benefit of not only its citizens but also the workers presently working at the Project at the project site. 

The petitioner said that the State’s resources in Delhi are already under high stress and it is incumbent that further spread of Covid-19 is curtailed and government orders are complied with. It is submitted that since the beneficiaries of prayer sought in the petition (workers with insufficient means and the entire citizenry of Delhi) are numerous, they are unlikely to approach the Court. 

In view of the urgent nature of the present matter and the delay that would occur in case representations are made to the concerned authorities, the petitioners have approached the Court directly seeking redressal. 

The petition stated that the petitioners are fully cognizant of the Judgment dated January 05, 2021 passed by the Supreme Court, whereby the Supreme Court has upheld and permitted the Central Vista Redevelopment Project. By this Petition, the Petitioners are in no manner seeking to overreach the said Judgement. 

Further, the Petitioners are not challenging such part of the Project which involves the construction of the new Parliament building, where, according to information received by the Petitioners, provision has been made for onsite accommodation of workers. Further, whilst the Petitioners, like many others, are also aggrieved by the diversion of funds to this mammoth re -development project running into crores of rupees, which funds in these pandemic times, could and ought to have been better utilised to ramp up the failed and crumbling health infrastructure, the Petitioners, whilst reserving her right, are not agitating the same at present. 

The Petitioners said that the Petition is concerned with the ongoing construction activity in part of the Central Vista Redevelopment Project designated as ‘Central Vista Avenue Redevelopment Project’ and is challenging Respondents relentless, unmindful and reckless act of carrying on this Project in a manner that poses a threat to the lives of the citizens of Delhi and beyond, including the lives of the work force /labour engaged in the Project, as it has the potential of being a super spreader, and is in clear breach and violation of the Orders passed by the Delhi Disaster Management Authority. 

The Petitioners are also questioning why or how the Project constitutes an “essential service”, merely because some executive mandated contractual dead line has to be met. 

The Petitioners’ respectful submitted  that in the current dismal scenario, this Project has no feature of “essentiality” for and/or of “service” to the public at large. 

Additionally, it is submitted that the impugned acts are totally contrary to and in gross violation of the Orders dated April 06, 2021, April 08, 2021, April 10, 2021, April 15, 2021,  April 19, 2021 and April 25, 2021 issued in the public interest by the Delhi Disaster Management Authority. 

In December 2020, the Central Vista Development Project was inaugurated by the Prime Minister of India. The Project intends to revamp 86 acres of land in Delhi, which includes Rajpath, Parliament House, Rashtrapati Bhavan, India Gate, North Block and South Block, Shastri Bhavan, India Gate and Udyog Bhavan. 

The project envisages construction of a new Parliament building, a common secretariat for central government offices, Prime Minister’s office and residence, Special Protection Group building and Vice-President Enclave. The construction work for the project is being carried out since January 05, 2021, after the Supreme Court dismissed Petitions challenging the project, the petition said. 

Read Also: A Bengaluru-style hospital bed-scam may be on in Delhi, Delhi HC told

“On April 16, 2021, the Executive Engineer, Central Vista Project Division- III, Central Public Works Department, wrote a letter to the Deputy Commissioner of Police, New Delhi seeking permission to allow Shapoorji Pallonji and Co. Pvt. Ltd. to continue construction activities at the Project during night/ weekend curfew period on the pretext that the work is of a time bound nature and is required to be completed before November 30, 2021,” the petition reads. 

It was further prayed that Shapoorji Pallonji and Co. Pvt. Ltd. be allowed to ferry their workers to and from their labour camp at Sarai Kale Khan through their own buses during the curfew period.

ILNS: The Supreme Court today agreed to hear an urgent mentioning of a plea by Senior Advocate Siddharth Luthra, seeking a stay on the construction work at “Central Vista Redevelopment Project” during the Covid-19 Pandemic.

On Tuesday, the Delhi High Court had refused to issue notice on that plea. The project has been declared as an ‘essential service’.

Read Also: Supreme Court issues notice to Jharkhand govt over contempt plea filed by rape victim

The concluding article of a two-part series on the Project stresses the need for huge infrastructure plans to boost the economy after a calamity. With the integration of technology and design, national heritage too will be highlighted.

By Vivek K Agnihotri

On July 3, 2020, it was reported that the Central Public Works Department had invited pre-qualification bids to shortlist companies which would compete for construction of the Central Vista Redevelopment Project. As per the bid document, the successful bidder will have to complete the project within 21 months. The government plans to hold the monsoon session of Parliament in 2022 in the new Parliament building as part of the celebrations to mark the 75th anniversary of India’s independence.

Earlier, however, some former senior officials had appealed for deferment of the proposed redevelopment and construction of a new Parliament complex. It was argued that in the post Covid-19 scenario, enormous funds would be required for strengthening the public health system, rebuilding the economy and providing sustenance to the disadvantaged.  To push the redevelopment project in such a situation amounted to “Nero fiddling while Rome burns,” they said.

On the contrary, in view of Covid-19, it is important to take steps to revive the economy and infrastructure projects like the Parliament building can become the backbone of such an endeavour while creating large-scale employment opportunities. There are several examples to prove that infrastructure projects play a key role in the revival of an economy after a calamity.

After World War II, Japan built Tokyo Tower as the world’s tallest freestanding tower then. In the US, the “New Deal” included a series of public work projects to respond to needs for relief, reform and recovery from the Great Depression of the 1930s. Similarly, in the 1990s, South Korea partnered with private companies in major infrastructure projects such as constructing the Korean sections of the Great Asian Highway to revive the economy.

Taking care of the disadvantaged is, no doubt, among the foremost responsibilities of a welfare state, Covid-19 notwithstanding. However, that should not prevent the State from addressing the cause of nation-building, especially if some convergence between the two can be forged. An amount of Rs 20,000 crore, allegedly budgeted for the Central Vista Project, would just add a nice top- up to the comprehensive Rs 20,00,000 crore Atma Nirbhar Bharat package announced by the government. As far as Nero is concerned, he would have perhaps not earned the opprobrium if he had devoted his time and resources to redevelopment of Rome. Rome, after all, was not built in a day.

Several other doubts and apprehensions have been expressed regarding taking up of the Central Vista Redevelopment Project, including the new Parliament building. Concerns about violation of the DDA Master Plan of Delhi, 2021 have been expressed. The Master Plan proposes that new offices should not be added to Delhi region.  However, the present Central Vista Project aims to consolidate and infuse synergy among all ministries and departments of the government. This will lead to reduction of vehicular movement bet­ween offices as all of them will be housed in a single location. The provision of public transit as the main mode of access to the government offices is integral to the Project. This will lead to decongestion of the area and consequent reduction in air pollution.

The change of land use was sanctioned after public consultation. In the present Master Plan, Plot No 118 is shown as a district park. However, it was never used as such and has not been open to the public since 1976. It is at present part of the Parliament House complex and comprises reception, parking and service infrastructure such as electric substation and air conditioning plants. After the attack on Parliament in 2001, the vulnerability of the entire complex was considered afresh and the overall security was made more stringent. It is, therefore, entirely beyond the reach of the general public as it is.

As regards preserving the sanctity of green spaces, all existing trees on site have been surveyed, mapped and catalogued to build an information database on the size, species, health and age of trees. A comprehensive strategy has been prepared for plantation and landscape rejuvenation, including planting of additional trees wherever they are found missing in the existing rows. Many trees that are at the end of their lifecycle will be replaced with younger ones of the same species in order to maintain the pristine character of the Central Vista. Trees that need to be replanted will be relocated to a temporary holding nursery and, post- construction, replanted in the Central Vista area.

In order to increase public spaces, a publicly accessible 50-acre biodiversity arboretum to showcase endangered plant species of India is proposed in a section of the vast Presidential Estate. North and South Blocks are proposed to be developed into public museums to celebrate India’s rich history. This will add approximately 75 acres of new fully accessible area to the public.

According to Indian tradition and culture, ablution and prayers are offered not only to the rising Sun but also the setting Sun. Let us, therefore, spare a thought for the Parliament building that is going to be left behind. As we have observed, retrofitting is not the way forward; it is not a respectful treatment of the venerable structure which has gone through several intrusions and byepasses in the course of its long life. Like North and South Blocks, it needs to be treated with respect and assigned lighter duties to ensure its wholesome survival.

India is not only the largest democracy in the world, but also has a long and chequered history of democratic institutions, traditions and practices. In the 21st century, it is also on its way to claiming its rightful place as the vishwa guru (World Thought Leader) in the comity of nations.

Since 1976, the Lok Sabha Secretariat has been conducting a variety of training programmes under the aegis of the Bureau of Parliamentary Studies and Training. Apart from orientation of Members of Parliament and state legislatures, a host of training programmes for officials of national as well as international parliaments, legislatures and governments, along with various lecture series, are being organised. It will be considered whether this activity could shift to the existing Parliament building after restoration and suitable modification. Various inscriptions, paintings, statues and portraits could be integrated with the orientation and training programmes in order to provide the participants a walk through the rich history of Indian democratic traditions, practices and personalities. To support this initiative, a multi-media centre could also perhaps be accommodated in that building.

The new Parliament facility will make the temple of our democracy more robust, dynamic, and prudent. This will project the confidence India has in its future as an emerging international principal. With the integration of technology in its design and construction, the new Parliament building will occupy pride of place in the national heritage. During the celebration of 75 years of India’s independence, the cultural diversity of the country through various forms of arts, crafts, and architecture will be shown. It will thus stand out as a symbol of national pride and inspire citizens.

—The writer was Secretary, Parliamentary Affairs from 2003-2005 and Secretary General of Rajya Sabha from 2007-2012

Lead picture: Ministry of Housing and Urban Affairs