Supreme Court central vista judgment

  • The Supreme Court recently gave its nod to the Central Vista redevelopment project in a 2:1 verdict.
  • Case: Rajeev Suri vs Union of India.
  • A Bench of Justices A M Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna pronounced the 2-1 judgment, with Justice Khanwilkar and Justice Maheshwari forming the majority. 
  • Justice Khanna pronounced a separate judgment 

WHAT WAS CHALLENGED?

  • A petition was filed in the Supreme Court in April 2020, challenging the Centre’s change-of-land-use notification of March 2020 with regard to the 86 acres of land. 
  • The petitioner, Rajeev Suri, submitted that the order violated the citizen’s Right to Life guaranteed under Article 21 by depriving people of open and green spaces.
  • The court heard the challenge on three main grounds: change of land use; violations of municipal law; and violations of environmental law.

WHAT THE COURT REASONED?

  • In its 2:1 verdict, the court has held that there are no infirmities in the approvals granted. 
  • Justices A M Khanwilkar and Dinesh Maheshwari held that the central government’s change of land use for the project in the Master Plan of Delhi 2021 is also a lawful exercise of its powers.
  • It was ruled that the exercise of the Central government under the DDA Act is legal and valid, and the impugned notification stands confirmed. 
  • Also, recommendation by the Environmental Committee was held just and legal.
  • Justice Khanna too agreed with the decision that the project should continue, but said he had a different opinion on the change of land use. 
  • He said that there was no prior approval of heritage conservation committee and thus matter remitted back for public hearing. 

MASTER PLAN

  • Master Plan of Delhi was notified in 2007 to guide the direction of development of the National Capital Territory until 2021. 
  • The central government and the Delhi Development Authority are given the power to modify it.
  • The plan was modified in March 2020 to include the Central Vista project. 
  • Sections of land are assigned for specific purposes such as recreation, government, public and semi-public, which were modified to accommodate the Central Vista project. 
  • The petitioners argued that change in land use was not really a “modification” and also raised concerns on the manner in which the permissions were granted.

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