SC allows laying of Central Vista foundation stone; orders no construction, demolition or change in existing site until it pronounces judgment challenging the project

The Supreme Court Monday allowed the Central Government to go ahead with the foundation stone laying ceremony of the Central Vista project.

The Court, however, made it clear that no construction, demolition, felling of trees or change in the physical structure of the existing site would take place till it pronounced its judgment on a batch of petitions against the Central Vista redevelopment project which seeks to build a new parliament and other central government offices in "Lutyens" zone in central Delhi.

A three-judge bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna listed the matter today suo motu. The bench, at the outset, expressed its displeasure at the Centre for aggressively going ahead with the construction of the Central vista even as it is seized of the matter.

"We thought we are dealing with a prudent litigant and that deference will be shown. We never thought you will go ahead so aggressively with construction. We don't mind if you do paperwork, or the lay foundation stone but no construction should be done," the bench told Solicitor General Tushar Mehta.

Mehta, on instruction from the Centre, stated that there would be no construction or demolition till the Court rules on the matter. The Court took on record the Solicitor General's statement.

The top court had last month reserved the judgment on a batch of petitions challenging the Central Vista project.

Prime Minister Narendra Modi will lay the foundation stone on December 10 for the new Parliament building; construction is expected to be completed by 2022 at an estimated cost of Rs 971 crore, Lok Sabha Speaker Om Birla had said on December 5.

According to one of the petitioners Rajeev Suri, the use of land for the Central Vista project, covering 86 acre in 'Lutyens' zone is a "brash move" and will deprive people enjoying open and green spaces.

The petition argued that the government's notification on March 20, which supersedes a public notice issued by the Delhi Development Authority (DDA) on December 19, 2019, is the subjugation of rule of law and judicial protocol as the 2019 notice is under challenge and being heard by the Supreme Court itself.

According to the government "The Central Vista of New Delhi houses Rashtrapati Bhawan, Parliament House, North and South Block, India Gate, National Archives etc. All these iconic buildings were constructed before 1931, the year in which the new capital was inaugurated. The other office buildings were built on various plots subsequently to address the office requirements of Central Ministries and Departments in an unplanned manner. Parliament House building came up in 1927 and is declared Heritage building. Its facilities and infrastructure are inadequate to meet the current demand. Therefore, there is an imperative need to construct a new state-of-art Parliament building in close vicinity. This proposal may address not only the space requirement but may result in an iconic structure as a symbol of democracy".

The objectives of the Project, according to government, include upgrading Parliament's space and facilities; consolidating, rationalizing and synergizing government functioning; refurbishing and better equipping the Central Vista Avenue; strengthening cultural institutions in the Central Vista.